Bombay High CourtWP/4156/2016dispossed offdismiss for default

Prakash Nandulal Jaiswal v. Manoj Mohanlal Jaiswal

2016-07-20Hon'Ble Shri Justice Z.A. Haq3 pages

1 wp4156.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4156/2016 Prakash Nandulal Jaiswal ..VS..

Manoj Mohanlal Jaiswal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 20.7.2016.

Heard Shri N.A. Gaikwad, Advocate for the petitioner - original defendant.

By the impugned order the learned trial Judge has rejected the application (Exh. No.129) by which the defendant sought permission to place on record the written statement. The learned trial Judge has recorded that the defendant has not given any explanation for the delay of more than 4 years in filing the written statement. The reason given by the petitioner - defendant for the delay is that he could not file the written statement as he could not afford to pay fees to the lawyer. At the time of arguments, it is submitted by the learned Advocate for the petitioner - defendant that the defendant is having CL-III license but he is actually not doing business. Though it is submitted that the petitioner is not actually conducting the business, in the cause title it is shown that the occupation of the petitioner - defendant is business. It is not possible to accept the submission made on behalf of the petitioner -

2 wp4156.16 defendant that because of financial constraints he could not engage Advocate and file written statement.

The impugned order is just and proper and does not require any interference. Petition is dismissed. No costs.

JUDGE Tambaskar.

3 wp4156.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 22.7.2016.

Personal Assistant.