Bombay High Court
SHRI. NARENDRA RAMCHANDRA PASALKAR AND ORS.versusSHRI. SAGAR ISHWARDAS CHORDIA AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The High Court set aside the ‘no written statement’ order and permitted the defendants to file written statements within eight weeks.
Summary
The petitioners filed a writ petition in the Bombay High Court challenging a 6 October 2017 order of the Small Causes Court, Pune, which rejected an application by Defendants Nos.5, 6, 11 and 15‑29 to set aside a ‘no written statement’ order in Special Civil Suit No.120 of 2009. No respondents appeared before the High Court. The petitioners relied on a 20 January 2021 order staying the suit, contending that allowing the defendants to file written statements would not prejudice the plaintiffs. The High Court agreed, set aside the ‘no W.S.’ order and directed the defendants to file their written statements within eight weeks. The writ petition was allowed and disposed of without any order as to costs.
Issues considered
- Whether the ‘no written statement’ order in Special Civil Suit No.120 of 2009 can be set aside in view of the stay of the suit and the absence of prejudice to the plaintiffs.
Subjects
- writ petition
- civil procedure
- written statement
- special civil suit
- stay of proceedings
- no prejudice
- High Court
- Small Causes Court
Judgment
2026:BHC-AS:36195
Megha 21_wp_1715_2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1715 OF 2018
Narendra Ramchandra Pasalkar and
Ors. ...Petitioners
V/s.
Sagar Ishwardas Chordia and Ors. ...Respondents
________________
Mr. Sudhir V. Sadavarte for the Petitioners.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 2 SEPTEMBER 2026.
P.C.:
1) The Petition is filed challenging order dated 6 October 2017
passed by the 5th Additional Judge, Small Causes Court, and Civil Judge,
Senior Division, Pune, rejecting the Application at Exhibit-101 filed by
Defendant Nos.5, 6, 11 and 15 to 29 for setting aside ‘no W.S.’ order.
2) I have heard Mr. Sadavarte, the learned counsel appearing for the
Petitioners. None has appeared on behalf of the Respondent Nos.1 and 2,
who are the original Plaintiffs, despite being duly served.
3) Mr. Sadavarte invites attention of the Court to order dated 20
January 2021 by which proceedings of Special Civil Suit No.120 of 2009
Page No.1 of 2
2 September 2026
Megha 21_wp_1715_2018
have been stayed. The Suit itself has not proceeded for some other
reason. In that circumstances, no prejudice would be caused to the
Plaintiffs if Defendant Nos.5, 6, 11 and 15 to 29 are permitted to file the
written statement.
4) The Petition accordingly succeeds. Order dated 6 October 2017 of
‘no W.S.’ passed qua Defendant Nos.5, 6, 11 and 15 to 29 is set aside and
they are permitted to file written statement in Special Civil Suit No.120
of 2009 within a period of eight weeks.
5) Writ Petition is allowed and disposed of in above terms. There
shall be no order as to costs.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 2 September 2026
Date: 03/09/2026 15:51:47
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