Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.