1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.451 OF 2009 IN SPECIAL CIVIL SUIT NO.98 OF 2005 Gati Limited ..Applicant V/s City & Industrial Development Corporation (Maharashtra) Ltd., & Anr. ..Respondents ---- Ms.Shilpa Kapil for the applicant. Mr.G.S.Hdgde for respondent nos.1 & 2. ---- Coram : R.S.MOHITE,J Date : 7th September, 2009. PC 1 This is an application impugning an order dated 17.7.2007 passed by the trial Court, allowing the original defendant to file a written statement. It is seen that the plaintiff has wrongly filed the suit in Thane Court. The defendant appeared in the Thane Court and raised the issue of territorial jurisdiction. The plaint was therefore returned and subsequently filed in Panvel Court. It appears that writ of summons was served and time was granted but no written statement was filed. Immediately thereafter on 19.1.2007 an application was made stating therein that Advocate was under wrong impression that the written statement was filed in the Thane Court. This application came to be allowed in the 2 impugned order. In my view, the Court has rightly held that the suit is required to be decided on merits. The plaintiff is partly to blame for the state of affairs as she initially moved the Court without jurisdiction. The Court has rightly observed that the mistake was a bonafide one. In the circumstances, Civil Revision Application is dismissed. Since the matter has been languishing in a wrong court, hearing of the suit is expedited. (R.S.MOHITE,J) 3