Order 3

Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT BOMBAY
(BANDRA BRANCH)
ORDER BELOW EXHIBIT - 16
IN
R.A.D SUIT NO. 312 OF 2021
MHSCA3000528-2021
Mr. Pradeep @ Pratap Ranjivandas Merchant .... Plaintiffs
Versus
Mrs. Anjali Dharmesh Pandit .... Defendant.
Appearance:
Mr. O.R. Tiwari Ld. Advocate for the plaintiff.
Mrs. Vimla R. Vora Ld. Advocate for the defendant.
Coram : L.B.M.M.A.Syed,
I/c Judge, C.R. No. 35 (B.B.)
Date : 05th October, 2026
ORAL ORDER :
This is an application filed by the plaintiff for condonation of
delay in filing the present application and seeking extension of time to
carry out amendment.
2. It is the contention of the plaintiff that, the court pleased to
pass an amendment order below Exh.15 on 17.06.2026 and permitted to
the plaintiff to amend the plaint till the next date of the suit. Due to some
unavoidable circumstances none of the applicant appeared before the
Court. Therefore, comply the order passed below Exh.15 within stipulated
/media/steno35/HP USB20FD/CR.35/05-10/Orders/Exh 16 RAD 312 of 2021.odt6 pt
-- 1 of 3 --
2
time. Resultantly the plaintiff has incurred a delay of 71 days in complying
with the order. Hence, the plaintiff prayed to condone the delay and
prayed to allow the application.
3. The defendant has filed his say overleaf of the application and
strongly objected the averments made by the plaintiff. It is the contention
of the plaintiff that, the defendant is failed to mentioned sufficient cause
for delay in carrying out amendment. It shows non diligent of the plaintiff
to contest the suit. Hence, the defendant prayed to reject the application.
4. Heard both the Ld. Advocates for the respective parties.
Perused the record and say. As per the order passed below Exhibit-15,
dated 17.06.2026, the plaintiff was permitted to amend the plaint within
stipulated time. But, according to the plaintiff due to some unavoidable
circumstances he failed to comply the order and has incurred a delay of 71
days in complying with the order. Now the applicant is ready and willing to
comply the order. It appears that, an opportunity needs to be granted to
the applicant to comply the order passed below Exh.15. No harm and
prejudice would be caused to the other side if the application is allowed.
Therefore, considering the grounds mentioned in the application and the
period of delay, the application is liable to be allowed. Hence, I pass the
following order.
: ORDER :
1. Application is allowed.
2. Delay of 71 days in filing the present application
hereby condoned.
/media/steno35/HP USB20FD/CR.35/05-10/Orders/Exh 16 RAD 312 of 2021.odt6 pt
-- 2 of 3 --
3
3. The plaintiff is hereby directed to comply the order
passed below Exh.15 dated 17.06.2026 within 14
days without fail.
(L.B.M.M.A.Syed)
Date : 05.10.2026 I/c Judge, C.R.35(BB)
/media/steno35/HP USB20FD/CR.35/05-10/Orders/Exh 16 RAD 312 of 2021.odt6 pt
-- 3 of 3 --