Interim Order 7

Order Details: Order on Exhibit
Pdf Text: : 1 :
IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 1
IN
R.A.D. SUIT NO. 213 OF 2021
[ CNR No.:- MHSCA3-000406-2021 ]
Malcolm Charles Lourenco Pereira … Plaintiff
Versus
M/s. Dolphin Build Home … Defendant
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 07/05/2025.
:: ORDER ::
The Ld. Advocate for the plaintiff present before court
today. The defendant and Ld. Advocate for defendant are absent when
called repeatedly till 2.00 p.m. It appears from the record that Ld.
Advocate for the defendant and the defendant are absent since long. As
per order dated 20/02/2025 passed below Exh.20, the defendant was
directed to deposit arrears of transit rent at the rate of Rs.10,000/- per
month from the date of order dated 28/07/2022 below Exh.13 within
one month or before expiry of any further period, extended on the
application of the defendant. It appears from the record that the
defendant has not complied directions of this court nor applied for
extension of period for compliance of order dated 20/02/2025 below
Exh.20.
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2. As per provisions of Order 39 rule 11 of Code of Civil
Procedure, 1908, “11. Procedure on parties defying orders of Court, and
committing breach of undertaking to the Court.-- (1) Where the Court
orders any party to a suit or proceeding to do or not to do a thing
during the pendency of the suit or proceeding, or where any party to a
suit or proceeding gives any undertaking to the Court to do or to refrain
from doing a thing during the pendency of the suit or proceeding, and
such party commits any default in respect of or contravenes such order
or commits a breach of suit undertaking, the Court may dismiss the suit
or proceeding, if the default or contravention or breach is committed by
the plaintiff or the applicant, or strike out the defences, if the default or
contravention or breach is committed by the defendant or the opponent.
(2) The Court may, on sufficient cause being shown and on such terms
and conditions as it may deem fit to impose, restore the suit or
proceeding or may hear the party in defence, as the case may be, if the
party that has been responsible for the default or contravention or
breach as aforesaid makes amends for the default or contravention or
breach to the satisfaction of the Court.”
3. Considering provision of Order 39 Rule 11 of Code of Civil
Procedure, 1908, were the defendant commits any default in respect of
order passed by the court during pendency of the suit, the court may
strike out the defence. In the present case as already stated the
defendant is not complied the direction given in the order dated
20/02/2025 below Exh.20, it shows that the defendant contravene the
order of this court. In my view it is sufficient cause to strike out the
defence of the defendant. Hence, I proceed to pass following order :-
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:: O R D E R ::
1. The defence of the defendant is hereby
strike out.
2. The plaintiff to take necessary steps to
proceed further.
( J. D. Hushangabade )
Date : 07/05/2025. Judge, C.R. No. 40
Order dictated & Typed on : 07/05/2025.
Order checked & signed on : 07/05/2025.
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