Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT 10
IN
R. A. D. SUIT NO. 312 OF 2021
(CNRMHSCA30005282021)
Mr. Pradeep @ Pratap P. Merchant ...Plaintiff
Versus
Mrs. Anjali D. Pandit ...Defendant
O. R. Tiwari, …..learned Advocate for plaintiff.
Vimla Vora, …..learned Advocate for defendant.
Coram : P. K. Kharate,
Judge, C. R. No. 35,
Date : 3rd March, 2023.
ORAL ORDER:
1. The defendant has filed application stating that she has
received summons along with plaint on 28.08.2021. Upon receipt of
summons, defendant has contacted with her advocate and was
gathering required documents to instruct. But due to Covid19
pandemic, defendant was unable to gather required documents. She
further averred that as per order passed by Hon'ble Apex Court, the
Hon'ble Apex Court extended the limitation for filing any
proceedings, application till 28.02.2022. Hence, delay in filing w.s. is
neither intentional nor deliberate. Hence, defendant prayed to
condone the delay in filing w.s.
2. The say filed by the plaintiff on the same application
stating that defendant has not stated number of days of delay. The
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2023/Mar2023/Orders/0303/312 2021 RAD Exh 10appl allwd).odt SSC
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defendant was served with summons on 28.08.2021. There is no
satisfactory explanation given by the defendant for filing w.s. The
defendant has shown her negligence and carelessness to file w.s.
Hence, prayed to reject the application with costs.
3. Heard both sides at length. On perusal of record, it
appears that defendant was served with summons on 28.08.2021.
The reasons mentioned in the application appears to be true one that
due to gathering required documents, she could not file her w.s. The
Hon'ble Apex court has excluded the time for filing all applications
till 28.02.2022. The present application is filed on 06.04.2022.Hence,
it means there is only 6 days delay for filing w.s. Hence, in the
interest of justice, it is necessary to allow the application. The
important rights is to be decided between both the parties. Hence, I
pass the following order.
: O R D E R :
1. The application Exhibit10 is allowed.
2. Delay for filing w.s. is hereby condoned.
3. W.s. of defendant be taken on record.
(Dictated and pronounced in Open Court.)
Bandra Mumbai. ( P. K. Kharate )
Date : 03.03.2023 Judge, C. R. No.35
Order dictated on : 03.03.2023
Order checked & signed on : 03.03.2023
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2023/Mar2023/Orders/0303/312 2021 RAD Exh 10appl allwd).odt SSC
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