ORDER

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.12.2021 passed by the High Court of Judicature at Bombay in Writ Petition No.6191 of 2021, by which the High Court has dismissed the said writ petition and has confirmed the order passed by the learned Trial Court, refusing to take the written statement on record and has refused to condone the delay in filing the written statement, the original defendants have preferred the present appeal.

3. From the impugned judgment and order passed by the High Court, it appears that the High Court has refused to condoned the delay and take on record the written statement on the ground that the period of 120 days within which the written statement could have been taken on record, expired on 09.05.2020 which was during the lock-down imposed. Therefore, the High Court has refused condone the delay and take the written statement on record.

4. Having heard the learned counsel appearing on behalf of the respective parties and having considered order dated 10.01.2022 passed by this Court in Miscellaneous Application No.21/2022 by which the following order was passed and order dated 04.01.2022 passed