1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7157 OF 2009 M/s Raj Traders & anr .. Petitioners -versus Rasta Peth Education Society .. Respondent. Mr. S.R. Nargolkar, for the petitioners. Mr A.G. Damle for the respondent. CORAM: A.S. OKA, J. DATED:25 th September, 2009. P.C. 1. Considering the nature of controversy involved in the petition, the same is taken up for final disposal at the admission stage. 2. The petitioners are the defendants in a suit for eviction filed by the respondents. The suit for eviction is in respect of commercial premises. Suit summons was served on 9th September, 2008 and the petitioners entered appearance in the suit on 26th September, 2008. An application made by the petitioners on 7th January 2009 for grant of time to file written statement was rejected by the 2 Trial Court. An application at exh.16 was moved by the petitioners on 6th March,2009 praying for setting aside the order passed by the Trial Court to proceed with the suit without written statement. A written statement was tendered alongwith the application. By impugned order, the said application has been rejected. 3. Learned Counsel appearing for the petitioners invited my attention to the averments made in the application and the documents placed on record and submitted that extra ordinary circumstances were shown to be in existence for extending the time for filing written statement. Learned counsel appearing for the respondents opposed the prayer by pointing out that there was sufficient opportunity to the petitioners to file written statement within the stipulated time. 4. I have carefully considered the submissions. As stated earlier, summons was served on 9th September, 2008. Application for grant of time to file written statement was rejected by the Trial Court by order dated 7th January, 2009. In the application at exh. 16 filed by the petitioners, it is pointed out that the second petitioner is the Proprietor of the first petitioner and presently his age is of 67 years. It is stated that he is suffering from diabetes and hyper 3 tension. A Medical certificate dated 30th March, 2009 is placed on record. 5. Considering these averments and the medical certificate, this was a case where the Trial Court ought to have granted a liberty to the petitioners to file written statement. Therefore, the petition must succeed. However, the petitioners will have to pay costs to the respondents. The costs are quantified at Rs.7500/-. Hence the following order. ORDER. I) The order dated 9th January, 2009 is quashed and set aside and the application at exh.l6 is allowed. II) The Petitioner shall pay costs of Rs.7500/- to the respondent, within a period of six weeks from today. Deposit of costs with the Trial Court will be treated as sufficient compliance. III)The Petition is allowed in above terms. (A.S. OKA, J)