Interim Order 4

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000417-2022)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.17
IN
R.A.D. SUIT NO.197 OF 2022
Mr. Shashikant Madhukar Jadhav .... Plaintiff
Versus
1. M/s. Sanghvi Brothers & Ors. …. Defendants
M/s. Pandey & Company, Advocates for the plaintiff.
Shri. Jasut Pendhari i/b. Mrs. Snehal Modi, Advocate for defendant
Nos.2 and 3.
Coram : Shri. A. J. Fatale, Judge.
C.R.No.34 (BB).
Date : 02.03.2024.
ORAL ORDER :-
1. Perused the application, handwritten say given by
Advocate of defendant Nos.2 and 3 and record.
2. The present application is filed by the plaintiff for
granting permission to carry out amendment in the plaint as per
order dated 29.11.2023 passed below Exhibit No.16. It is contention
of the plaintiff that as per order dated 29.11.2023 passed below
Exhibit No.16, permission was granted to the plaintiff to carry out
amendment in the plaint, but the plaintiff being senior citizen aged
more than 84 years suffering from old age disease, could not move
from one place to other as well as doctor advised him to take bed rest
for complete three months, due to which he could not come to Court
personally to carry out amendment for compliance of amendment
order. Hence, the plaintiff prayed for allowing the application.
/home/steno34/CR-34 AJF/2024/March/Exh-17 in RAD S.No.197-22 time to carry out amendment.odt
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3. Advocate of defendant Nos.2 and 3 has given
handwritten say and submitted to the order of the Court.
4. It appears from the record that the amendment
application Exhibit No.16 filed by the plaintiff came to be allowed on
29.11.2023 and plaintiff is permitted to annex page No.9 to the
plaint by filing amended plaint and its copies for other side on record
on or before next date. It is the contention of the plaintiff in the
application that due to his old age disease, he could not attend the
Court personally for compliance of amendment order.
5. Considering the reasons mentioned in the application, in
the interest of justice, it appears necessary to grant permission to
carry out amendment in the plaint. No prejudice will be caused to
the defendant, if the application is allowed. Hence, I pass the
following order :-
: ORDER :
1. Application is allowed.
2. The plaintiff is permitted to carry out
amendment as per order dated 29.11.2023
passed below Exhibit No.16 on or before next
date.
3. No order as to costs.
Place : Mumbai (A. J. Fatale)
Date : 02.03.2024 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 02.03.2024
Order Checked & Signed on : 02.03.2024
/home/steno34/CR-34 AJF/2024/March/Exh-17 in RAD S.No.197-22 time to carry out amendment.odt
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