Neeta Sawant 19-WP-8028-2018.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8028 OF 2018 WITH INTERIM APPLICATION NO. 3288 OF 2026 WITH INTERIM APPLICATION NO. 7459 OF 2026 Nozer Rumi Daruwala & Ors. ...Petitioners : Versus : State of Maharashtra & Ors. ...Respondens Mr. Kaustubh Joshi, for the Petitioners. Ms. Rekha Jadhav, for Respondent Nos.2, 3 and 4. Ms. Sulbha Chipade, AGP for State. CORAM : SANDEEP V. MARNE, J. DATED : 1 OCTOBER 2026. P.C.: 1) The Petition challenges order dated 2 January 2018 passed by the Civil Judge Junior Division, Karjat rejecting the application filed by the Petitioners for recall of No W.S. order. ‘ ’ 2) I have heard Mr. Joshi, the learned counsel appearing for the Petitioner and Ms. Jadhav, for Respondent Nos.2, 3 and 4. PAGE NO. 1 of 2 Thursday, 1 October 2026 Neeta Sawant 19-WP-8028-2018.docx 3) Perusal of the impugned order would indicate that the Trial Court has erroneously observed that No W.S. order was not passed and ‘ ’ on that count, Petitioner s application is rejected. My attention is ’ invited to orders dated 5 July 2016 and 2 January 2018 which clearly indicates that No W.S. order was indeed passed in the present case. ' ' Thus, the reason recorded for rejecting the application at Exh.35 appears to be erroneous. Even otherwise, the delay in filing the Written Statement was hardly of 40 to 45 days. The consequences of non-filing of Written Statement in a Suit are disastrous. In my view, therefore the Trial Court ought to have allowed the application for setting aside the 'No W.S. order and ought to have permitted Petitioners to file their ' Written Statement. 4) Accordingly, the order dated 2 August 2018 passed by the Trial Court is set aside. The Written Statement tendered by the Petitioner is taken on record. The Writ Petition is accordingly allowed and disposed of. There shall be no order as to costs. All pending Interim Applications also stand disposed of. [SANDEEP V. MARNE , J. ] PAGE NO. 2 of 2 Thursday, 1 October 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.10.05 11:44:56 +0530