The High Court dismissed the writ petition challenging the lower court's refusal to recall an order rejecting the recall of a non-filing of Written Statement. The court found absolute casualness in the delay.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
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
DATE : MARCH 19, 2009.
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
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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)
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction to recall the lower court's order rejecting the petitioner's application for filing a Written Statement.
1 provisions across 1 enactments
Shri Atmaram Ramsharan Agarwal
Shri Prakash Sakharam Dolas
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court