Order 1

Order Details: Order
Pdf Text: : 1 : D. V. NO.254/2018
Exh.25
ORDER BELOW EXH. 25 IN D. V. NO.254/2018
1. This is an application preferred by respondent for setting
aside 'No cross order' dated 16.12.2025.
2. It is mentioned in the application that, the matter is
fixed for hearing and the respondent was not present on the given
date therefore, no cross-order was passed. Now the respondent is
ready to cross-examine the applicant. The respondent further states
that, he deserves an opportunity to bring facts on record which are
very important and relevant for final conclusion. Therefore he has
prayed to allow him to cross examine the applicant by setting aside
the 'No cross order' dated 16.12.2025.
3. The applicant has strongly objected the application by
filing say overleaf. It is contended that, the respondent was granted
repeated and ample opportunities by this court to remain present for
cross-examination. Despite such indulgence, the respondent failed to
comply with the directions of the court and thereby causing undue
delay and prejudice to the applicant. His conduct amounts deliberate
neglect and willful disobedience of the lawful process of the court.
It was further contended that the proceedings have reached an
advanced stage and any attempt to reopen evidence at this juncture
would be highly prejudicial and contrary to settle principles of
procedural fairness. It was lastly prayed to reject the application.
4. I have heard both the learned advocates. The learned
advocate for the respondent argued that in the interest of justice and
to decide the matter on merits this application needs to be allowed.
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Exh.25
Per contra the learned counsel for applicant argued that the
application is nothing but an afterthought and an attempt to derail
the proceedings that have already progressed due to the respondent
own default. The respondent does not demonstrated any sufficient
cause or bonafide reason for his repeated absence. The applicant
prayed to dismiss the application.
5. Scrutinized the record. The petition is of the year 2018
and on 16.12.2025 no cross order was passed against the respondent
on the ground that he and his advocate are absent. However,
immediately on the next date the instant application is filed. Thus, it
is evident that, now the respondent is trying to participate in the
proceedings and he has been diligent to prefer this application after
passing of no cross order.
6. The application is silent about the reason or sufficient
cause to set aside the said order. However, considering the bonafides
of the respondent I deem fit to allow this application. No doubt there
is considerable amount of delay but delay should not come in the
way of justice. If this application is not allowed then the respondent
will be unable to defend himself by way of cross-examination.
However, if this application is allowed no prejudice will be caused to
the applicant except delay.
7. The delay cannot be neglected and the applicant can be
compensated in monetary terms. In such circumstances cost of
Rs.2000/- to the respondent will serve the purpose. Hence, I pass the
following order :
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Exh.25
: O R D E R :
1. Application is allowed.
2. The respondent is directed to pay cost of Rs.2000/- to
the applicant today or on next date.
3. No cross order dated 16.12.2025 is set aside.
4. Respondent is permitted to cross examine the applicant
after payment of cost.
5. The respondent is directed not to delay the further trial
by any of his act.
( Shailja O. Pandey )
Judicial Magistrate First Class,
Date : 18.06.2026 Railway Court, Andheri, Mumbai.
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