Order 5

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000464-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.11
IN
R.A.E. & R SUIT NO. 375 OF 2023
Velji Ranmal Shah .... Plaintiff
Versus
Ms. Tereza Noronha …. Defendant
Shri. Omkarnath R. Tiwari, Ld. Advocate for the plaintiff.
Shri. John Johnson, Ld. Advocate for the defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No.34.
Date : 16.03.2026.
ORAL ORDER:
1. This is an application filed by the C.A. of the defendant
for condonation of 35 days delay in filing written statement and for
taking written statement on record.
2. It is stated in the application on behalf of the defendant
that the summons was served on the opponent on or about
09.10.2023. The delay was caused in filing written statement as the
defendant is employed out of India and it was required to consult the
defendant to gather the required information from him. The delay is
not deliberate. Hence, prayed that the delay of 35 days in filing
written statement be condoned and written statement of the
defendant be taken on record.
3. On the other hand, the plaintiff objected the present
application by filing reply vide Exhibit No.17 and submitted that no
sufficient cause or bonafide reason has been given in the application
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for condonation of delay in filing written statement, therefore the
delay cannot be condoned without imposing costs. There is no merits
in the application. Hence, prayed that to reject the application with
compensatory costs.
4. Perused application and reply thereon. Heard both
sides. In my view the grounds mentioned by the defendant is found
to be just and reasonable one. It appears that the defendant has
failed to file written statement within stipulated period of time due to
reasons well mentioned in the application and caused delay. It is
settled law that equal opportunities should be given to both the
parties. Admittedly, there is delay on the part of the defendant 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:-
: O R D E R :
1. Application at Exhibit No.11 is allowed,
subject to costs of Rs.300/- 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 : 16.03.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 16.03.2026.
Order checked & signed on : 17.03.2026.
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