:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2008 Shri Ramchandra Vishwanath Shingote ..Petitioner Vs. Smt. Pushpalata Ghanashyam Pardeshi ..Respondent Mr. M.S. Lagu for petitioner. Mr. A.K. Patil for respondent. CORAM: ANOOP V. MOHTA, J. CORAM: ANOOP V. MOHTA, J. CORAM: ANOOP V. MOHTA, J. Date : December 05, 2008. Date : December 05, 2008. Date : December 05, 2008. P.C.: P.C.: P.C.: 1. The petitioner has challenged the order passed by the Competent Authority under the Maharashtra Rent Control Act, 1999. The petitioner has failed to file Written Statement within 30 days from the service of summons. The Apex Court in the case of Prakash H. Jain vs. Marie Fernandes [2004(2) Bom.C.R. 592 [2004(2) Bom.C.R. 592 [2004(2) Bom.C.R. 592 (SC)] (SC)] (SC)], considering the said provisions specifically observed that being mandatory provisions there is no power and jurisdiction to the Competent Authority to :2: condone the delay as contemplated under Section 5 of the Limitation Act. 2. In view of this, therefore, I see there is no reason to interfere with the orders passed by the courts below. The petition is, therefore, dismissed. 3. The learned counsel appearing for the petitioner submits that further proceedings of the trial court be stayed, as already ordered on 16/10/2008, for four weeks. It is stayed accordingly. However, this is subject to the condition that petitioner should not create any third party right or interest in the suit property. (Anoop V. Mohta, J.) (Anoop V. Mohta, J.) (Anoop V. Mohta, J.)