Interim Order 9

Order Details: Order on Exhibit
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CNR NO.MHSCA-30002302021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 32
IN
L.E. & C. SUIT NO. 49 OF 2021
S.A. Developers . . Plaintiffs.
Versus
1. M/s. K.H.K. Hospitality Services
and ors. . . Defendants.
Advocate for Plaintiffs :- Adv. K. R. Parekh Co.
Advocate for Defendants :- Adv. M.A. Sothe
Coram : A.S. Pandagle,
Judge C.R.No.32
Date : 30/11/2023.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both the sides.
3. Present application is filed on behalf of defendant for setting
aside no say order dated 11.9.2023 passed below Exh. 30. By filing
present application it is contended that the previous advocate of the
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defendant not appearing in suit proceeding and never informed
status of the suit to the defendant. The adverse order dated
11.9.2023 passed against defendant below Exh. 30 without fault of
the defendant. Because of mistake of previous advocate defendant
has suffering in present matter an adverse order passed against them
because their fault. Therefore, submitted that no say order dated
11.9.2023 passed below Exh. 30 be set aside and defendants may be
permitted to file their reply.
4. On the other hand plaintiff by filing reply resisted the
application and submitted that the application is made after belated
stage. Defendants remained absent on many dates and now made the
application. No case made out for grant of relief. Therefore,
submitted that application may be rejected with costs.
5. After hearing both the sides gone through contents of
application and reply filed thereon, also gone through record of the
proceeding, by way of this application defendants seeking relief of to
set aside no say order passed below Exh. 30 on dated 11.9.2023, it is
contended that the previous advocate of the defendants not
appearing in the suit proceeding and never informed the status of
present suit to them, therefore, there is adverse order passed against
defendants below Exh.30. Considering this reason due to mistake of
the advocate of the defendants, defendants will not be suffer.
Considering the reasons stated in the application and considering the
nature of the proceeding, if the present application is allowed subject
to cost it will not cause any prejudice to the plaintiff, it would
definitely becomes helpful for deciding the suit on its merit. Hence, I
proceed to pass the following order.
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ORDER
1. Application is allowed subject to cost of Rs. 500/-
paid to the plaintiff on or before next date.
2. No say order passed below Exh. 30 dated 11.9.2023 is
hereby set aside and defendants are permitted to file
their reply after payment of cost.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 30/11/2023. Judge, C. R. No.32.
Order dictated & typed on: 30.11.2023
Order checked & signed on: 30.11.2023 vvp
/home/steno32/Desktop/vidyaNovember2023/Exh 32 LEC 49-2021.odt
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