: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3978 OF 2009 Jaya Hind Industries Limited ... Petitioner V/s. Force Motors Employees Co-op. Credit Society Ltd. & Anr. ... Respondents Mr.S.K. Talsania i/b M/s.Sanjay Udeshi & Co. for Petitioner Mr.P.S. Dani for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: 2nd JULY, 2009 P. C.: 1. The application filed by the petitioner for taking on record its written statement has been rejected by the Civil Judge, Junior Division, Pimpri in Regular Civil Suit No. 83 of 2008. The learned Judge has found that there is no need to change the order passed by him “no say, no written statement” passed on 20.10.2008. 2. Mr.Dani, appearing for the respondents, rightly points out that the application made on 20.11.2008 for taking on record the written statement does not contain any prayer for condoning the delay in filing the same. Such a prayer would obviously have to be made as it is well settled that a prayer for condonation of delay must be contained in the application if there is a delay. Undoubtedly, the written statement is sought to be filed after a period of 90 days from the service of writ of summons. : 2 : 3. In these circumstances, I see no reason to set aside the order dated 31.12.2008. However, if the petitioner does make a proper application for condoning the delay as well as for setting aside the `no say no written statement’ order and for taking on record the written statement the same shall be considered by the trial Court uninfluenced by the order passed on 31.12.2008. 4. Petition is rejected.