Interim Order 5

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30005052023)
ORDER BELOW EXH 16
IN
2A APPEAL NO. 19 OF 2023
IN
RAE SUIT NO. 438 OF 2017
Mr. Dilip Jasaramji Mali ...Appellant/
(Original Defendant)
V/s.
Mr. Ramesh Ganesh Saxena …Respondent/
(Original Plaintiff )
Lalit V. Jain : Advocate for the Appellant.
Shweta R. Agrawal : Advocate for the Respondent.
Coram : M. S. Pathan,
Additional Chief Judge,
&
Dinanath S. Dabhade, Judge
Court Room No. 41,
Date :13.09.2023
ORDER: (Per Dinanath S. Dabhade, Judge)
1. This is an application filed by the appellant for
condonation of delay in depositing amount of compensation as per
order dated 09.08.2023 passed below Exh. 6. The respondent has given
say on the application itself.
2. Heard both the learned Advocates for the parties and gone
through the order passed below Exhibit. 6 dated 09.08.2023. As per
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Clause (iv) of the said order, if the appellant failed to comply with the
order as directed, the stay granted by the court shall automatically be
vacated. However, considering the circumstances mentioned by the
appellant in the application for delay in depositing the compensation,
we are of the opinion that fair chance should be given to the appellant
to deposit the compensation by condoning the delay. If appellant is
granted permission to deposit compensation forthwith, no harm or loss
will be caused to the other side. Hence, the order.
O R D E R
1. The application is allowed.
2. The appellant is permitted to deposit the amount
of compensation as per order passed below Exh. 6
dated 09.08.2023 for the period from 20.04.2023
to September, 2023 on today itself.
3. The stay is continued as per order dated
09.08.2023 passed vide Exh. 6.
4. Parties to take note.
I agree,
(M. S. Pathan) ( Dinanath S. Dabhade)
Additional Chief Judge, Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
13.09.2023 13.09.2023
/home/steno39/Desktop/CR41/SEPTEMBER23/ORDER /EXH16A1 APPEAL 192023 for condonation of delay in depositing compensation.odt
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