MAHALSA ORA CARRIERS Vs. SANJAY KUMAR BAGLA

JUDGEMENT

(1.) Rule made returnable forthwith. The learned counsel for the respondents waives service. Heard finally by consent of parties.

(2.) By the impugned order dated 9/11/2016 the learned trial court has refused to condone the delay in filing the written statement. According to the petitioner the delay is of 38 days.

(3.) The learned counsel for the petitioner states that the time period as fixed in Order 8 Rule 1 is not mandatory and in the given case, the Court can condone the delay which is beyond a period of 90 days. The learned counsel for the petitioner has placed reliance on the decision of the Hon'ble Supreme Court in the case of R.N Jadi & Brothers Vs. Subhashchandra, 2007 6 SCC 420 and the decision of this Court in the case of Pandurang G. Naik Gaunekar & anr. Vs. Nilkant Parshuram Marathe & anr., 2014 4 BCR 386.