Order 1

Order Details: Order on Exhibit
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CNR No.MHSCA30002302021
IN THE COURT OF SMALL CAUSES AT MUMBAI
BANDRA BRANCH
ORDER BELOW APPLICATION ( EXHIBIT NO.15)
IN
L.E.&.C. SUIT NO.49 OF 2021
S. A. Developers ...Plaintiffs
Vs.
1. M/s. K.H.K. Hospitality Services
and others ...Defendants
Advocate for the plaintiffs : Adv. K. R. Parekh & Co.
Advocate for the defendants : Adv. Soothe & Associates.
Coram: G. J. Shrisunder, Judge.
C.R.No.32.
Date: 23.08.2021.
ORDER BELOW APPLICATION( EXHIBIT NO.15):
1. The defendants have filed an application to condone the
delay of 47 days for filing their written statement. They have
contended that the delay was caused because of pandemic situation
of Covid19. Hence, they have prayed that the delay of 47 days for
filing their written statement may kindly be condoned by accepting
their written statement.
2. The plaintiffs have filed their handwritten say to Exhibit
No.15 and strongly combated the application by stating that the
application is not on affidavit and the same is signed by only
defendant No.2. The present application is nothing but delaying
tactics on the part of the defendants. Hence, the plaintiffs have
prayed that the application may kindly be dismissed with costs.
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3. Heard both sides.
4. Considering the application filed by the defendants, say
filed by the plaintiffs, the Court has gone through the record and
proceeding of the matter and after hearing both the sides, it is clear
that as per Bailiff report the suit summons is served on the
defendants vide Exhibit No.12 on 24.06.2021. During this period
SOP issued by the Hon'ble High Court is continued till 31.07.2021
and, therefore, in view of the pandemic situation of Covid19, this
Court think it proper to condone the delay of 47 days by accepting
their written statement. It is the settled principle of law that an
opportunity of hearing should be given to each and every party to the
lis. If, this application is allowed then no prejudice will be caused to
the plaintiffs. On the contrary, it will help the Court to adjudicate
the suit on merit. This Court do not think it proper to grant costs of
the application only because of pandemic situation of Covid19. In
the result, this Court pass the following order:
: ORDER :
1. The application (Exhibit No.15) is allowed by
accepting the written statement of the
defendant vide Exhibit No.18.
2. Costs in cause.
3. Both parties to note the order.
Bandra Mumbai. ( G. J. Shrisunder )
Date : 23.08.2021 Judge, C. R. No.32
Order dictated on: 23.08.2021
Order typed on: 23.08.2021
Order checked & signed on: 23.08.2021
/home/jccourt32/Desktop/August-2021/Exh-15 in LE&C S.No.49-21 delay in w.s..odt
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