1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 558 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 558 OF 2011 *** 1. Petitioner/ defendant did not file written statement within time and hence the trial Court passed the order of "No W.S." on 7th October, 2008. It was recalled on 30th November, 2009 and his written statement was directed to be accepted on record subject to payment of costs Rs.1,500/-. The costs were not deposited till 17th February, 2010 and hence the Court again proceeded further without written statement and rejected his application Exhibit-18 on which order of costs was passed. Thereafter, the defendants moved application at Exhibit-21 on 18th August, 2010 stating that because of their business defendants had gone out of station and as funds could not become available within time, costs could not be deposited. That application has been rejected by the trial Court on 23rd November, 2010. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 558 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2. Advocate Shri Kulkarni for petitioner/ defendants states that reason given by trial Court is it cannot recall that order due to lack of jurisdiction. He is relying upon judgment of this Court in the case of "Shankar Sadu Wanjhe V/s Parwatibai Ramchandra Dongre" reported in AIR 1976 Bom. 241 to contend that in similar circumstances the High Court has found that District Court which had ordered remand upon deposit of costs, it did not become functus officio as the costs was not deposited. 3. The facts show that suit was proceeded without written statement on 7th October, 2008. On 31st August, 2009 application to set it aside was moved. Order of costs and setting it aside was passed on 31st August, 2009. Costs were not deposited till 17th August, 2010 and on 18th August, 2010 leave to pay costs by recalling the order passed dismissing Exhibit-18 was sought. Thus, for 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 558 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. two years the petitioner/ defendants did not permit suit to proceed further. In this situation, I am not inclined to interfere in the matter. Petition is rejected. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/558