Interim Order 5

Order Details: Order on Exhibit
Pdf Text: : 1 :
IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 24
IN
R.A.D. SUIT NO. 216 OF 2021
[ CNR No.:- MHSCA3-000409-2021 ]
1. Mrs. Anne DeSouza alias Mrs. Anne
Lucy DeSouza & Anr. … Plaintiffs
Versus
M/s. Dolphin Build Home … Defendant
Mr. H. T. Pawar, Ld. Advocate for the Plaintiff.
Mr. C. R. Yadav, Ld. Advocate for the Defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 21st November, 2024.
:: ORDER ::
Perused application and reply. Heard both sides.
2. By this application, defendant seeks permission to file say
by setting aside ‘no reply’ order dated 24/10/2024. On the other hand,
plaintiff strongly objected present application. It is settled principle of
law that opportunity of being heard should be granted to both the
parties. If opportunity to file say is granted to defendant, it will not
cause any prejudice to the rights of plaintiff. But along with this
application, the defendant failed to file reply and prayed to set aside ‘no
reply’ order dated 24/10/2024. Therefore, it is directed to defendant to
file reply on next date without fail as condition precedent, no reply
-- 1 of 2 --
: 2 :
order hereby set aside. If he failed to file reply on next date then said
order will be automatically vacated. Hence, in the interest of justice, I
proceed to pass following order:-
:: O R D E R ::
1. Application at Exh.24 is allowed.
2. ‘No reply’ order dated 24/10/2024 is hereby
set aside.
3. Defendant is permitted to file say on or
before next date.
4. Failure to file say on next date, the said order
will be automatically vacated.
5. No order as to costs.
( J. D. Hushangabade )
Date : 21/11/2024. Judge, C.R. No. 40
Order dictated & Typed on : 21/11/2024.
Order checked & signed on : 21/11/2024.
-- 2 of 2 --