Order 2

Order Details: Order Below EX 1
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IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
58th COURT, BANDRA, MUMBAI
Case No.420/SC/2022
(CNR No.MHMM18-005628-2022)
Casby Logistics Pvt Ltd. ...Complainant.
V/s.
1. M/s. N.S. Rama Rao Body Works and Ors. ...Accused.
ORDER BELOW EXHIBIT-45
This is an application filed by the accused to set aside the
no cross order passed on 11th December 2024. It is the contention of
the accused that, the complainant has not submitted the copy of
evidence either physically or through e-mail or WhatsApp application.
As per their contention, the complainant obtained such order by
misleading the Court. The accused are ready to cross examine the
complainant. Hence, this application.
2. The complainant strongly resisted the application.
According to the complainant the accused are playing delayed tactics.
The affidavit of evidence was filed in February 2024. Sufficient
opportunity was given to the accused. The reason mentioned in the
application is not at all satisfactory. Hence, the complainant has
prayed to reject the application.
3. Neither the the accused nor their advocate turned up to
argue on the application. Heard learned advocate representing the
complainant. Gone through the record of the case.
4. No cross order has been passed on 11th December 2024.
The accused in their application made grievance about not supplying
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the copy of evidence affidavit. However, as rightly argued by learned
Advocate of the complainant the application is silent about their
absence on 11th December 2024. This application is made on
12th March 2025. However, the accused did not take pain to get it
decide early. Today also the accused are absent. Despite that,
considering the principle of natural justice and fair trial the
opportunity needs to be given to the accused to cross examine the
complainant. At the same time, the delay caused for trial cannot be
overlooked. Such delay can be compensated to the complainant in
terms of money. Hence, the following order:
ORDER
1) The application is allowed subject to cost of Rs.2000/-
(Rupees Two Thousand Only) payable to the
complainant on or before next date.
2) Upon failure to pay cost amount as directed above
within stipulated period the application be treated as
rejected.
3) Parties to take note.
4) The application is disposed of accordingly.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 06.08.2026 58th Court, Bandra, Mumbai.
SBA/-
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