Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 84 DV 2023 Mrs. Monalisa Vs Mr. Rajan
CNR-MHMM18-003670-2023
COMMON ORDER BELOW EXHS.1 AND 21
1. Advocates for both the parties present. Both the parties absent.
2. Since long matter is pending for filing say of the respondents. No
say filed. Ld. Advocate for the respondent Mr. Anirban Sen, submitted
that say has not filed due to pendency of appeal before Sessions Court,
which is listed today itself and order of condonation of delay was passed.
Now appeal will be heard on the next date and further orders may be
passed. Therefore, say not filed.
3. On the other hand applicant filed separate application, Exh.21, to
pass the no say order. It is strongly contended that sufficient time already
granted and matter has been prolonged.
4. No doubt sufficient time already granted. But injunction is already
granted in favour of applicant which is still in force. The balance needs to
be maintained between the interest of both the parties so that fair
opportunity shall be availed by respondent against whom ex-parte order
passed which is in challenge in appeal. Considering these aspects and the
time required for decision of appeal, following order -
ORDER
a. The respondent is directed to file his say without fail on next date.
b. If he fails the Application, Exh.21, is deemed to be allowed and
matter is ordered to be proceeded without say of the respondent.
C. Considering the submissions and time required for decision of
appeal matter is kept on 17.01.2025.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.08.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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