Interim Order 3

Order Details: Order on Exhibit
Pdf Text: ..1..
(CNR No.MHSCA3-000462-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.12
IN
R.A.E.&.R. SUIT NO.379 OF 2023
Mr. Velji Ranmal Shah … Plaintiff
Versus
Smt. Ramratidevi Suresh Teli … Defendant
Shri. Omkarnath R. Tiwari, Ld. Advocate for the plaintiff.
Shri. Gulabsingh S. Yadav, Ld. Advocate for the defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No.34.
Date : 10.02.2026.
ORAL ORDER:
1. This is an application filed by the defendant for
condonation of 27 days delay in filing written statement by the
defendants and for taking written statement on record.
2. It is stated in the application by the defendant that
during the period of receipt of the writ of summons and copy of
plaint, she was not keeping well and also due to her old age, she is
unable to contact Advocate for filing her written statement in the
matter. Recently, she has given complete instructions to her Advocate
to prepare her written statement in the matter. Due to the aforesaid
reasons, the written statement was not filed within time in the Court.
/home/steno34/HHJ JDH/2026/February/Exh-12 in R-R S. No.379-23 delay in w.s..odt
-- 1 of 3 --
..2..
There is no intention to cause delay in the matter. Hence, prayed
that the delay of 27 days in filing written statement be condoned and
written statement of the defendants be taken on record.
3. On the other hand, the plaintiff objected the present
application by filing reply vide Exhibit No.18 and submitted that the
application is nothing, but an abuse of process of law and the same is
not maintainable. No sufficient cause or reasons or reasonable
explanation is given for condonation of delay caused in filing the
written statement, therefore, the delay cannot be condoned without
imposing the costs upon the defendant. The delay has been caused
by the defendant deliberately and intentionally. Hence, prayed that
to reject the application with compensatory costs.
4. Perused application and say thereon. Heard both sides.
The defendant supposed to file written statement within stipulated
period of time, but due to reasons well mentioned in the application,
written statement could not be filed on time and caused delay. It is
settled law that equal opportunities should be given to both the
parties. Grounds mentioned by the defendant is found to be just and
reasonable one. Admittedly, there is delay on the part of the
defendants to file written statement on record. The delay can be
compensated by imposing costs. If, the defendant is permitted to file
written statement on record, it will not cause any prejudice to the
rights of plaintiff. On the contrary the subject matter of the suit will
be decided on merit. Hence, in the interest of justice, I proceed to
pass following order:-
/home/steno34/HHJ JDH/2026/February/Exh-12 in R-R S. No.379-23 delay in w.s..odt
-- 2 of 3 --
..3..
: O R D E R :
1. Application at Exhibit No.12 is allowed,
subject to costs of Rs.500/- payable by the
defendant to the plaintiff on or before next
date.
2. Delay in filing written statement is hereby
condoned.
3. Written statement of the defendant be taken
on record.
Place : Mumbai ( J. D. Hushangabade )
Date : 10.02.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 10.02.2026.
Order checked & signed on : 13.02.2026.
/home/steno34/HHJ JDH/2026/February/Exh-12 in R-R S. No.379-23 delay in w.s..odt
-- 3 of 3 --