Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT – 17
IN
L. E. & C. SUIT NO. 16 OF 2023
[ CNR No.:- MHSCA3-000188-2023 ]
1. Mr. Alok Yudhister Nangia & Anr. … Plaintiffs
Versus
Mr. Vishal B. Sonawane … Defendant
Mr. Jikesh Shah, learned advocate for the Plaintiffs.
A.A. Mirza & Associates, learned advocate for the Defendant.
Coram : Smt. Nutan S. Saraf
Judge,
C.R. No. 40,
Date : 14th July, 2023.
:: ORDER ::
Read application and say. Heard both sides.
2. By this application defendant seeks permission to file
written statement on record by condoning delay of 84 days. On the
other hand, plaintiff objected present application.
3. It is specifically averred by defendant that suit summons
was served upon upon him 28/03/2023. Defendant 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. The grounds mentioned by defendant for
condonation of delay appears to be reasonable and just one. It is settled
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principle of law that equal opportunity of being heard should be
granted to both the parties. Therefore, if defendant is permitted to file
written statement by condonation of delay, it will not cause any
prejudice to the rights of plaintiff. On the contrary, the subject matter of
the suit will be decided on merits. Hence, in the interest of justice, I
proceed to pass following order.
:: O R D E R ::
1. Application (Exh.17) is allowed.
2. Delay of 84 days for filing written statement is
hereby condoned.
3. Written statement of defendant be taken on
record.
4. Costs in cause.
( Nutan S. Saraf )
Date: 14/07/2023. Judge, C.R. No. 40
Order dictated & Typed on : 14/07/2023.
Order checked & signed on : 14/07/2023.
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