1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1462 OF 2009 Shri Atmaram Ramsharan Agarwal. ..Petitioner. V/s. Shri Prakash Sakharam Dolas etc. ..Respondent. Mr.Ashok Bhatewara for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. No interference is warranted in exercise of writ jurisdiction which takes exception to the Order passed by the lower Court rejecting Petitioner’s application for recalling no Written Statement order. It is not in dispute that the Petitioner was served as back as in the year 2007. Counsel for the Petitioner is not in a position to state the exact date on which the Petitioner was served. The fact remains that no Written Statement order eventually came to be passed on 31st July, 2008. However, the present Application has been filed only on 13th October, 2008. There is absolute casualness in not filing Written Statement in the first place and again 2 in taking out present application. The Court below has rightly observed that no exceptional circumstance has been pointed out. The plea taken by the Petitioner that the Written Statement remained to be filed due to inadvertence is unacceptable. Hence Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)