Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 10
IN
R. A. E. & R. SUIT NO. 149 OF 2022
CNR NO. MHSCA30000912021
Mr. Uday Vasant Pendharkar ...Plaintiff
V/S
1. Mrs. Vijaya Prakash Surpur & Anr. ...Defendants
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Mrs. Heena D. Abhyankar, Advocate for Plaintiff.
Mr. Subhash S. Abhyankar, Advocate for Defendants.
********
Coram : R. R. Khan
Judge
Court Room No.33
Date : 13th July 2022
ORDER
. This is an application filed by defendant No.2 for condonation of
delay of 70 days and for permission to file written statement. It is
submitted that it was agreed between both parties for inspection of
documents but plaintiff has not cooperated and in summer session the
Advocate for defendant was out of station. Accordingly, defendant No.2
has requested for condonation of delay and for filing of written
statement.
2. The plaintiff has opposed this application by filing say that
summons was served on 20.04.2022 and no reason for delay is given. It
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is requested for rejection of this application.
3. Heard both sides. Perused case record.
4. Significantly, there is delay of 70 days for filing of written
statement after statutory period. Noticeably, the defendant wants to
contest the suit. Hence, to advance the cause of justice and to
adjudicate the lis on all merits full and finally, I am of the opinion that a
fair opportunity to defendant for filing written statement will be well
justified. It will also avoid multiplicity of proceedings. The approval of
this application will not cause any prejudice to plaintiff. Hence, I am
satisfied to pass following order.
ORDER
1 Application at Exh.10 is allowed subject to costs
of Rs.1,000/ to be paid to plaintiff.
2 The delay is condoned and defendant No.2 is
permitted to file written statement on or before
next date.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 13.07.2022 Judge, C. R. No.33
Order dictated online : 13.07.2022
Order checked & signed on : 13.07.2022
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