Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT-15
IN
L. D. SUIT NO. 46 OF 2022
(CNR-MHSCA-30003672022)
Mr. Soham s/o. Laxman Shirke @
Somnath s/o. Laxman Shirke ...Plaintiff
Versus
1. Mrs. Neetu P. Bitra & Anr. ...Defendants
Ashok Sarogi, learned Advocate for plaintiff.
S.A. Shaikh, learned Advocate for defendants.
Coram: P. K. Kharate,
Judge, C. R. No. 35,
Date: 6th August, 2022.
ORAL ORDER:
1. The present application is filed by defendants No. 1 and 2
for filing w.s. on record. The defendants stating that the defendant No.
1 was duly served with summons on 07.04.2022. However, due to
illness, he could not file w.s. within 30 days. Moreover, he was out of
Mumbai due to his business. Hence, there is delay of 45 days on the
part of the defendant No. 1 to file w.s. Accordingly, defendant No. 2
stating that he was served with summons on 30.04.2022. Hence, there
is delay of 23 days in filing w.s. of defendant No. 2. Hence,
defendants prayed to condone the delay.
2. The say filed by the plaintiff vide Exhibit-16 stating that
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2022/August 2022/Orders/0608/46 2022LD Exh 15 w.s.appln allwd).odt SSC
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defendants are required to explain delay in day to day basis. There is
no proper ground to condone the delay. Hence, it is necessary to reject
the application.
3. Heard plaintiff and defendant advocate. On perusal of
record, it appears that summons was duly served to defendant no. 1 on
07.04.2022 and defendant No. 2 on 30.04.2022. There is delay of 45
days in filing w.s. of defendant No. 1 and there is delay of 23 days in
filing w.s. of defendant No. 2. The reasons mentioned in the
application appears to be true one as the present application is filed on
affidavit. On perusal of record, it appears that the application is filed
on 23.06.2022 just after one date after vacation. The suit is filed for
declaration. The important rights is to be decided between both the
parties. Hence, in the interest of justice, it is necessary to allow the
application. Hence, I pass the following order.
: O R D E R :
1. The application below Exhibit-15 is allowed.
2. The delay of 45 days of defendant no. 1 and delay
of 23 days of defendant No. 2 to file w.s. is hereby
condoned.
3. The written statement of defendants No. 1 and 2 be
taken on record.
(Dictated and pronounced in Open Court.)
Bandra -Mumbai. ( P. K. Kharate )
Date :6.08.2022 Judge, C. R. No.35
Order dictated on :06.08.2022
Order transcribed on :06.08.2022
Order checked & signed on :06.08.2022
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2022/August 2022/Orders/0608/46 2022LD Exh 15 w.s.appln allwd).odt SSC
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