Interim Order 3

Order Details: Order on Exhibit
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CNR NO.MHSCA300 03372021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.9
IN
R.A.D. SUIT NO.185 OF 2021
Mr. Dilip Chunnilal Gupta S/o
Late, Chunnilal Gupta . . Plaintiff.
Versus
1. Ghanshibhai R. Shah and ors. . . Defendants.
Advocate for Plaintiff : Adv. S.R. Tiwari
Advocate for Defendant Nos.1 & 2 : Adv. O.R. Tiwari
Coram : S.V.Deshmukh, Judge
C.R.No.32
Date : 29/11/2022.
ORAL ORDER :
1. This is an application filed by defendant No.1 and 2 for
setting aside exparte order and for permission to file the written
statement.
2. Say is filed by plaintiff below and application is resisted.
3. Perused proceeding. Heard both the sides.
4. It appears that summons are served upon the defendants
No.1 and 2 on 5/7/2021 and defendant No.3 on 20/7/2021.
According to defendants, they could not appear and present written
statement due to pandemic situation. The said contentions are not
specifically denied, cognizance can be taken on the facts that danger
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of covid19 disease prevailed. The Hon'ble Apex Court has laid down
a law that fresh limitation period shall accrue since March 2022 in
light of pandemic situation. The present application is filed on
12/4/2022. It is preferred together with proposed written statement.
The suit involves important rights to property. It is still at initial
stage. If the defendants are granted an opportunity, it would enable
the Court to resolve controversy on merit. There appears sufficient
cause for non appearance. Hence, the following order.
ORDER
1. Exparte order against defendant No.1 and 2
dated 23/9/2021 is set aside.
2. Written statement of defendants be taken on
record.
3. Costs in cause.
Bandra Mumbai. ( S.V.Deshmukh )
Date : 29/11/2022. Judge, C. R. No.32.
Order dictated & typed on : 29/11/2022.
Order checked & signed on : 30/11/2022.
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