IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 48 OF 2006 NO. 48 OF 2006 NO. 48 OF 2006 IN IN IN SUIT SUIT SUIT NO. 974 OF 1983 NO. 974 OF 1983 NO. 974 OF 1983 Gagan Newandran Sainani. ] .. Appellant (Ori.Pltff.) Versus 1. New India Ass. Co. Ltd. & Anr. ] .. Respondents Mr. N.K. Mudnaney for the appellant. CORAM: R.M. LODHA & ANOOP V. MOHTA, JJ. DATED: 03RD FEBRUARY, 2006 P.C. : . Heard Mr. N.K. Mudnaney, the learned counsel for the appellant. 2. The learned trial Judge cannot be said to have committed error in exercise of his judicial discretion in condoning the delay in filing the Written Statement. The impugned order advances the cause of justice and the inconvenience caused to the appellant has been sought to be compensated by award of compensatory costs. 3. We accordingly do not interfere with the order : 2 : insofar as condonation of delay in filing the Written Statement is concerned. However, we direct that the entire amount of costs of Rs.5,000/- shall be paid to plaintiff-appellant. If the cost of Rs.2,500/-, as per the order of the learned trial Judge, has been deposited with the Maharashtra State Legal Services Authority, we direct that upon an application being made by the plaintiff, the Maharashtra State Legal Services Authority shall return the cost of Rs.2,500/- to the plaintiff-appellant. 4. Appeal is disposed of accordingly. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.] [srpasha@hc]