Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT – 18
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 plaintiff seeks permission to file
additional affidavit in rejoinder. On the other hand, defendant
objected the present application.
3. According to the plaintiff, injunction application has been
filed on 15/03/2023 and defendant filed say on 06/05/2023, plaintiff
filed rejoinder on 14/06/2023. Thereafter, on 21/06/2023 defendant
has filed application for condonation of delay in filing written statement
along with written statement and some documents alongwith list.
Hence, it is contention of the plaintiff that he has not got fair chance to
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deal with said documents. The said documents produced along with
statement are misleading. To deal with the said documents, he has not
got opportunity. Therefore, it is just and necessary to allow him to file
additional rejoinder dealing with the said documents. Hence, this
application.
4. Considering the averments made in the application, if
plaintiff is allowed to file additional affidavit in rejoinder, then no
prejudice will be caused to the defendant and in the interest of justice
opportunity must be given to the both sides. Therefore, I proceed to
pass following order:-
:: O R D E R ::
1. Application (Exh.18) is allowed.
2. Plaintiff is permitted to file additional
affidavit in rejoinder on record.
3. Both parties to take note of this order.
( 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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