Interim Order 1

Order Details: Order on Exhibit
Pdf Text: 1 Exh. 12 in TE Suit No. 101/2021
CNR No. MHSCA30004272021
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 12
In
T.E. Suit No. 101 OF 2021
David Da Silva ... Plaintiff
V/s.
1. Manori Beach Resorts Pvt. Ltd. & Ors. … Defendants
Appearance:
Snehal Modi, learned Advocate for the plaintiff.
Lalit V. Jain, learned advocate for the defendants.
Coram : Shri B.T. Zirape, Judge.
C.R. No. 38 (B.B.)
Date : 15.02.2023
Oral Order :
1. This is an application filed on behalf of defendant No.1
for condonation of delay caused for filing its written statement on
record. According to this defendant, the writ of summons was served
upon this defendant on 04.10.2021. On 13.10.2021, advocate of this
defendant filed V.P. on record. The director of defendant No.1 is 75
years old. Due to his old age, his health problem and due to
pandemic situation, the director of defendant No.1 was at his home
and not going to his office. The papers relating to the present suit are
lying in the office. The advocate for defendant No.1 informed that
due to Diwali festival, he will not be available and he will meet after
Diwali festival. The director of defendant No.1 requested to their
employee Mr. Pradeep Vora to take the follow up with the advocate
and to give relevant papers lying in the office. The said employee was
-- 1 of 3 --
2 Exh. 12 in TE Suit No. 101/2021
not able to find out the concern documents.
2) In the last week of November 2021, the said Pradeep
Vora was not feeling well. On 06.12.2021, he had undergone Covid
19 test. He, his daughter and his wife were tested Covid positive. He
and his wife were admitted in Bhatia hospital. He was discharged on
13.12.2021. Thereafter, he and his entire family was quarantine for
the period of 17 days. He resumed the office on 27.12.2021. He again
searched for the papers. He found the said documents and gave the
same to the advocate for the purpose of drafting the written
statement. Advocate for the defendant No.1 through his letter dated
11.11.2021 called upon the advocate for plaintiff to give inspection of
the documents relied upon in the letter. Despite the receipt of said
letter, the plaintiff has not given inspection of the said documents.
Therefore, there is delay in filing the written statement. The medical
papers of Pradeep Vora are annexed with the present application. In
view of order passed by the Hon'ble Supreme Court, the period of
limitation is extended. There is delay of 58 days in filing written
statement. According to this , it is just, necessary and in the interest
of justice and equity to condone the delay caused for filing written
statement to the defendant No.1. Finally, this defendant requested to
take its written statement on record by condoning the delay. Plaintiff
resisted the application by filing reply on the docket of the
application. The plaintiff has strong objection for grant of the
application.
2. After rival submissions, I have gone through the record
and proceeding of the present suit. The present suit appears to be
filed for eviction and other relief on the other grounds stated in the
plaint. In view of order passed by the Hon'ble Apex Court in Suo
-- 2 of 3 --
3 Exh. 12 in TE Suit No. 101/2021
Motu Writ Petition (Civil) No. 3 of 2020, the period from 15.03.2020
to 28.03.2022 is excluded from computing the period of limitation.
The present application is filed on 31.12.2021. Therefore, the
guidelines issued by the Hon'ble Apex Court in above cited authoritiy
is applicable in the present case. Considering the Covid 19 pandemic
situation and the ill health of employee of the defendant No.1, I am
of view that the delay caused for filing written statement to
defendant No. 1 needs to be condoned in the interest of justice.
Therefore, the grounds mentioned in the application appears to be
sufficient for condoning the delay as prayed in the application. As
such, the arguments advanced on behalf of this defendant appears to
be justifiable. In the result, application deserves to be allowed.
Considering the Covid19 pandemic situation, there is no need to
saddle any costs on this defendant while granting the present
application. In this view of this matter, I proceed to pass the
following order.
ORDER
1. Application is allowed as observed above.
2. The delay caused for filing written statement to
defendant No.1 stands condoned in the interest of
justice.
3. The written statement of defendant No.1 be taken
on record.
(B.T. Zirape)
Judge.
Date : 15.02.2023. C.R. No. 38.(B.B.)
Order dictated on : 15.02.2023.
Order transcribed on : 15.02.2023.
Order checked & signed on : 16.02.2023.
/home/steno38/Desktop/Pending orders/Exh.12 in TE 101 OF 2021.odt
-- 3 of 3 --