Interim Order 3

Order Details: Order below exhibit
Pdf Text: CS No.100002 / 2019,
Chetan – KS Group
Order (Exh.23) 1 of 3
Commercial Suit No. 100002 / 2019
M/s. Chetan Traders Vs. K. S. Group
MHCC01-003404-2019
Order below Exhibit 23
(Delivered on this 4th Day of September, 2023)
Through application at Exh. 23, defendants No. 2 to No.
4 are seeking permission to take their additional Written
Statement on record.
Points for determination :
2) Heard the learned counsels. Points for determination,
findings and reasons are :
Points
Findings
1. Is defendant No. 2 to No. 4
entitled for filing additional
Written Statement on record?...... In the Affirmative
2. What Order?................................ As Final Order.
REASONS
Reasons as to Point No. 1 to 3 :
3) Chronology in the Suit, which gave rise to the Notice of
Motion, is as follows :
26.03.2019 : Commercial Suit No. 100002 / 2019 is filed.
05.12.2020 : Chamber Summons No. 100671 / 2020 filed by
plaintiff for addition of defendants.
03.09.2021 : Chamber Summons allowed. New defendants
added as defendant No. 5 to No. 7
28.09.2021 : Plaintiff carried out amendment in plaint.
08.02.2022 : Plaintiff filed amended copy
08.02.2022 : Newly added defendants are served
28.02.2022 : Written Statement by defendant No. 2 to No. 4
08.03.2023 : Application at Exh. 23 by defendant No. 2 to No.
4 for taking additional WS on record.
03.04.2023 : Reply (Exh.25) filed by plaintiff to Exh. 23.
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CS No.100002 / 2019,
Chetan – KS Group
Order (Exh.23) 2 of 3
4) As plaintiff has carried out amendment and had added
defendants, then defendant No. 2 to No. 4 have got right to carry
out consequential amendment in the WS. For that purpose, they
can also file additional WS.
5) However, facts cannot be overlooked that, new
defendants were added on
08.02.2022. Thereafter defendant No.
2 to No. 4 filed their WS on
28.02.2022. It means, in that WS
itself, they could have come with proper pleading, which they
intend to add now. However, that was not done. Thereafter, they
came with this belated application on
08.03.2023 i.e. almost after
one year, seeking permission to file additional WS.
6) If any party, for technical reasons, is deprived of raising
its case, then it may result in improper adjudication. That may
lead to complexity in the dispute and may also lead to
multiplicity of litigation. If that happens, then it drags the parties
into further litigation, causing serious prejudices to them. Hence,
it is always in the interest of justice that, both contesting parties
are provided sufficient opportunities to raise their contentions and
to prove their case.
7) Therefore, application at Exh. 23 deserves to be
allowed. Considering age of Suit and delay made by defendant in
preferring this application, application at Exh. 23 can be allowed
by imposing cost of . 5,000/-. Hence, following Order :-	₹
ORDER
1. Application at Exh. 23, is allowed, subject to Cost of .	₹
5,000/- ( . Five Thousand Only).
₹
2. The defendant No. 2 to No. 4 shall pay said Cost by
next date.
3. If the defendant No.2 to No. 4 pays the Cost to the
plaintiff by next date, then their additional Written
Statement shall be considered as part and parcel of
Written Statement at Exh. 19.
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CS No.100002 / 2019,
Chetan – KS Group
Order (Exh.23) 3 of 3
4. Parties be informed about their right to challenge this
Order and period of limitation for it.
5. Application Exh. 23 is disposed off, accordingly.
6. Notice of Motion No. 101383 / 2019 is pending.
Considering age of Suit, parties to expedite.
7. Order dictated and pronounced in Open Court.
8. Record of Exhibit 23 shall be part and parcel of the
main Commercial Suit No. 100002 / 2019.
Mumbai
Dated : 04.09.2023 (Vijay S. Hingne)
District Judge, Court Room No.31
City Civil & Sessions Court,
Greater Mumbai
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