Interim Order 2

Order Details: Order on Exhibit
Pdf Text: IN THE SMALL CAUSES COURT AT MUMBAI
( BANDRA BRANCH )
ORDER BELOW EXHIBIT NO. 13
IN
R. A. E. SUIT NO. 223 OF 2023
C. N. R. NO. MHSCA30004782023
Indrayani Estate Developers Pvt. Ltd. …Plaintiff
Versus
Dr. Rajesh Gangadhar Dashaputre …Defendant
********
Mr. Kaushal Thakker, Advocate for Plaintiff.
Mr. Anil A. Jakatdar, Advocate for Defendant.
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Coram : V. G. Upadhye, Judge
Court Room No.33
Date : 23rd February, 2024
ORDER
. This is an application filed by the defendant for condonation of
delay of 54 days in filing the written statement. Application is sternly
opposed by plaintiff by filing written say at Exh.15.
2. It is contended in the application that his father had received
the summons of the suit on 20.10.2023. His father is residing at the
address of the suit premises. He has recently retired from the service
of B.A.R.C. and was busy with his retirement formalities. In 2001, he
had met with an accident in which he had sustained fractures to his
both thighs. He has undergone multiple surgery and continues to
have sever pain in both his legs as rods have been implanted in it. In
November 2020, he had suffered a heart attack for which he had
undergone angioplasty procedure and is under continuous medical
treatment. For these reasons, he was unable to give instructions to
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his advocate for drafting the written statement. Therefore, the
impugned order passed against him may be set aside by condoning
the delay of 54 days.
3. The application is opposed contending that the justification
given for the delay in filing the written statement i.e. multiple
surgeries in the year 2001 and heart attack suffered in the year 2023
are preposterous and absurd as the same are much prior to the filing
of the suit. The reasons given by the defendant are merely a ruse to
gain false sympathy of this Court and do not justify the defendant’s
inability to give instructions to his advocate for drafting the written
statement within prescribed period of limitation.
4. Heard both sides. Perused case record.
5. The defendant has produced certain medical documents
showing that he was hospitalized during the year 2002, 2004 and
2020. It can be ascertained from these documents that he has
undergone multiple surgeries. However, there is no direct proof that
at the relevant time when the suit summons was served upon him,
the defendant was not residing in the suit premises or is not at all
concerned with the suit premises. The plaintiff has alleged in the say
that the address of the suit premises is mentioned in the Aadhar Card
and Ration Card of the defendant. Hence, the explanation for the
delay given by the defendant is not probable and justifiable. Because
of delay in filing the written statement, the matter is unnecessarily
protracted.
6. Be that as it may, in order to give a fair chance to the
defendant to file his written statement in this case in order to decide
/home/steno33/Desktop/February 2024/Exh 13 in RAE 223-2023.odt
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the matter on merits and to avoid multiplicity of litigation, I am
inclined to pass following order :
ORDER
Application at Exh.13 is allowed and the
delay in filing the written statement is
condoned.
( Dictated and pronounced in open Court. )
( V. G. Upadhye )
Date : 23.02.2024 Judge, C. R. No.33
Order dictated on : 23.02.2024
Order checked & signed on : 23.02.2024
/home/steno33/Desktop/February 2024/Exh 13 in RAE 223-2023.odt
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