Interim Order 3

Order Details: Order on Exhibit
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CNR No. MHSCA-3000427-2021
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 21
In
T. E. Suit No. 101 of 2021
David Da Silva ….... Plaintiff.
V/s.
1) Manori Beach Resorts Pvt. Ltd. & Ors. …... Defendants.
Advocate for the plaintiff : Smt. Snehal Modi
Advocate for defendant No. 1 : Mr. L. V. Jain
Coram : P. K. Kharate,
Judge, C.R. No. 38 (B.B.)
Date : 15.02.2025
Oral Order :
The defendant No. 1 has filed application stating that the
plaintiff has filed amended copy of the plaint and said is received by the
advocate of defendant on 29/06/2024. But, in July, 2024 the defendant
No. 1 was out of Mumbai for some urgent work, therefore could not
meet the advocate to give instruction for preparing additional written
statement within time. Hence, prayed to condone the delay to file the
additional written statement of defendant No. 1 on record.
2. The say filed by the plaintiff on the application stating that
the plaintiff has filed amended plaint on 30/03/2024. The plaintiff
stated that no sufficient grounds provided by the defendant for the
delay. Hence, prayed to reject the application with costs.
3. Heard both sides at length.
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4. In the present case, the copy of the amended plaint filed in
the Court on 06/04/2024. It means, the defendant’s advocate should
receive the copy on the same day. Moreover, the additional written
statement should be filed within 30 days i.e. 06/05/2024. The present
application is filed on 03/08/2024. It means there is delay in filing
additional written statement. The reasons mentioned in the application
appears to be true about the delay. The suit is for recovery of
possession. The important right of both the parties is necessary to be
decided. 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) Application Exh. 21 is hereby allowed
subject to costs of Rs. 1000/- (Rs. One
Thousand only) to the plaintiff.
2) The additional written statement of
defendant No. 1 be taken on record after
compliance of costs, on or before next
date.
(Dictated and pronounced in the open court.)
(P. K. Kharate)
Date : 15.02.2025 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 15/02/25
Checked & Signed on : 15/02/25
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