Order 2

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000175-2024)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.13
IN
L. D. SUIT NO.15 OF 2024
M/s. Arma Hospitality Pvt. Ltd. ... Plaintiff
Versus
1. M/s. Disha Apartment CHS Limited
and others ... Defendants
Shri. O. P. Tiwari i/b. Shri. Ashok M. Saraogi, Ld. Advocate for the
plaintiff.
M/s. Bhati and Companies, Ld. Advocate for the defendants.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No.34.
Date : 29.01.2026.
ORAL ORDER:
1. This is an application filed by defendant No.2 for himself
and on behalf of other defendants for setting aside no w.s. order
dated 22.04.2025 and for condonation of delay in filing the written
statement as well as for taking their written statement on record.
2. It is the case of the defendants that after receipt of the
papers and proceedings, the defendants was compelled to file a
Vakalatnama in order to contest the suit. Based on the assurance
given by the plaintiff that the present suit would be withdrawn, they
refrained from further pursuing the matter. However, instead of
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withdrawing the present proceeding, the plaintiff chose to take out
an amendment application. Simultaneously defendant No.2 was also
grappling with serious health concerns, which necessitates
continuous medical care and supervision, thereby limiting his ability
to engage in legal proceedings and as such the defendants were
unable to file their written statement and application for condonation
of delay within the prescribed period. The failure to file written
statement and condonation of delay application was neither
deliberate nor intentional, but was due to the aforesaid bonafide and
unavoidable circumstances. The defendants are earnest in their
desire to comply with all procedural requirements and remain fully
committed to placing their defence on record in the interest of
justice. Hence, this application.
3. On the other hand, Ld. Advocate for the plaintiff has
objected present application by giving handwritten say on overleaf of
the application and submitted that after filing Vakalatnama, the
defendants failed and neglected to appear before the Court. There
are no averments regarding the day to day delay. There is delay of
about more than 600 days. Thus, he prayed to reject the application
with costs.
4. Perused application and say thereon. Heard Ld. Advocate
for the plaintiff. The Ld. Advocate for the defendants failed to
advance their argument on present application. Hence, application is
proceeded further without argument of defendants. The defendants
suppose to file written statement within stipulated period of time, but
due to reasons well mentioned in the application, written statement
could not be filed on time and caused delay. It is settled law that
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equal opportunities should be given to both the parties. Grounds
mentioned by the defendants is found to be just and reasonable one.
Admittedly, there is delay on the part of defendants to file written
statement on record within statutory period. If defendants are
permitted to file written statement on record, it will not cause any
prejudice to the rights of plaintiffs. On the contrary the subject matter
of the suit will be decided on merit. Hence, in the interest of justice,
I proceed to pass following order:-
ORDER
1. Application at Exhibit No.13 is allowed
subject to cost of Rs.1,500/- (Rupees One
Thousand Five Hundred only) payable to
the plaintiff on or before next date.
2. Delay for filing written statement is hereby
condoned.
3. 'No W.S.' order dated 22.04.2025 is hereby
set aside.
4. Written statement of the defendants be
taken on record.
5. Costs is condition precedent.
Place : Mumbai ( J. D. Hushangabade )
Date : 29.01.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 29.01.2026.
Order checked & signed on : 31.01.2026.
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