Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 21
IN
R.A.D. SUIT NO. 83 of 2023
(CNR No. :- MHSCA3-000095-2023)
Mr. Rajesh Damji Vira ... Plaintiff
Versus
M/s. Indrayani Estate Developers Pvt. Ltd. ... Defendant
Mr. M. R. Irani, Ld. Advocate for the Plaintiff.
Mr. K. K. Thakker, Ld. Advocate for the Defendant.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 18/06/2024
ORDER :
The plaintiff has filed present application stating that the
Court has rejected the application filed below Order 7 Rule 11 of
the defendant on 28/11/2023. Then defendant has preferred the
Revision Application No. 8 of 2024 before the Hon’ble Appellate
Court which is allowed on 15/02/2024. Then the plaintiff has filed
the Civil Revision Application being CRAST/15808/2024 on
10/06/2024 before the Hon’ble High Court against the order of
the Hon’ble Appellate Bench. Hence, prayed that present suit be
allowed to be continued till disposal of the CRA.
2. The say filed by the defendant on same application stating
that Hon’ble Appellate Bench has already rejected the suit on
15/02/2024. Therefore, this Court cannot consider the plea raised
by the plaintiff as same is beyond the scope of jurisdiction of the
Court.
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.. 2 .. EXH-21 R.A.D. Suit No. 83 of 2023
3. Heard both sides at length.
4. It is no doubt that the present Court has rejected the
application of the defendant filed below Order 7 Rule 11 of the CPC
on 28/11/2023. The Hon’ble Appellate Court has passed the order
and allowed the revision application of the defendant on
15/02/2024. It means, the order of the Hon’ble Appellate Court is
as good as plaint is rejected. The advocate for plaintiff argued that
the order of the Hon’ble Appellate Court is not final one. Hence, he
required sufficient time to challenge the said order before the
Hon’ble High Court. It is no doubt that already three months are
elapsed. But, considering the summer vacation only one month
time is granted to the plaintiff to obtain the order. If plaintiff failed
then considering the order of the Hon’ble Appellate Court the
plaint will be rejected. The plaintiff has ample chance to restore
the suit if he will succeed in the Hon’ble High Court in Civil
Revision Application No. CRAST/15808/2024. Hence, no
prejudice will be caused to the plaintiff even if the plaint is rejected
on next date. Hence, I pass the following order :
ORDER
1. The application below Exh. 21 is allowed.
2. Time is granted to the plaintiff till 18/07/2024
to obtain the order from the Hon’ble High
Court.
3. Both parties to take note.
(P. K. Kharate)
Date : 18/06/2024 Judge, C.R. No. 36
Order dictated and typed on : 18/06/2024
Order checked and signed on : 18/06/2024
/home/steno36/7. P.K. Kharate/2024/6. June, 2024/Orders/17.06.2024/EXH-21 RAD 83 of 2023. remove matter from order caption.odt KCP
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