Interim Order 4

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000467-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.12
IN
R.A.E.&.R. SUIT NO.372 OF 2023
Mr. Velji Ranmal Shah … Plaintiff
Versus
Shri. Rajesh Raghavji Shah … Defendant
Shri. Omkarnath R. Tiwari, Ld. Advocate for the plaintiff.
Shri. Lalbahadur R. Upadhayay, 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 72 days delay in filing written statement and for
taking written statement on record.
2. On the other hand, the plaintiff objected the present
application by filing reply vide Exhibit No.20 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
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to reject the application with costs.
3. It is stated in the application by the defendant that
immediately after receiving the summons in the suit, the defendant
instructed his present Advocate to appear in the suit on his behalf. As
the matter has long story and the copies of the documents relied
upon by the plaintiff are not attached with the plaint and certain
portion in the plaint are kept blank, therefore, his Advocate
immediately posted letter dated 19.10.2023 to the plaintiff’s
Advocate calling upon him to give the inspection of the documents
relied upon by the plaintiff in the suit to enable his Advocate to
prepare the written statement. Due to the aforesaid reasons, the
delay is caused in filing the written statement. Hence, prayed that
the delay of 72 days in filing written statement be condoned and
written statement of the defendant be taken on record.
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
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:-
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: O R D E R :
1. Application at Exhibit No.12 is allowed,
subject to costs of Rs.700/- 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 : 12.02.2026.
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