Order 10

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.33
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 : 6/1/2024.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendants for
extension of time for compliance of order dated 30/11/2023. By
filing present application it is contended that the application Exh.32
is allowed subject to costs of Rs.500/- and ‘no say’ order passed
against the defendants is set aside. The advocate on record not
attended the matter due to personal difficulty and the defendant
No.2 was not keeping well and defendant No.3 went to his native
place, therefore, not attended the matter on 14/12/2023 and
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therefore, inadvertently defendants failed to comply the costs within
time. Therefore seeking extension of time for compliance of the
order and also seeking permission to allow the defendants today to
pay the costs to the plaintiffs as per said order.
4. On the other hand, plaintiffs strongly objected to the
application and submitted to the orders of this Court.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings, by way of this application it is contended that
defendants due to personal difficulty of the advocate on record and
due to illness of the defendant No.2 and the defendant No.3 went to
his native place could not attended the matter and failed to comply
to pay the costs within time, therefore, seeking extension of time for
compliance of order dated 30/11/2023 and also seeking permission
to pay the costs to the plaintiffs today itself.
6. Considering this reason, application is allowed. Time is
extended for compliance of the order dated 30/11/2023. The
defendants are allowed to pay the costs to the plaintiffs as per order
dated 30/11/2023.
Sd/-
Bandra - Mumbai. ( A.S. Pandagle )
Date : 6/1/2024. Judge, C. R. No.32.
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