Interim Order 4

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 23
IN
L.E. & C. SUIT NO. 57 of 2023
(CNR No. :- MHSCA3-000539-2023)
M/s. Rajendra Builders
Through its partner Mr. Rameshchand
Babulalji Bohra ... Plaintiffs
Versus
M/s. Lok Holding and Construction Ltd. ... Defendants
Mr. G. S. Yadav, Ld. Advocate for the Pslaintiffs.
Khatri Legal Venture, Ld. Advocate for the Defendants.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 16/02/2024
ORDER :
The defendant has filed present application stating that
they are duly served with the summons and they have filed
Vakalatnama on 05/09/2023. But, as the settlement and
negotiations were going on between both parties they could not file
written statement on record. However, plaintiffs have put their
own lock and prevented entrance of the defendant in the suit
premises and not allowed take out the belongings of the defendant.
The Court has passed order for hearing without reply of defendant
on 29/11/2023. Hence, prayed to condone the delay for filing
written statement.
2. The say filed by the plaintiff vide Exh. 25 stating that the
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application is not maintainable in the eye of law. The exparte order
is already passed on 29/11/2023. There is no any negotiations for
settlement between both parties. There is no such negotiation as
mentioned in Exh. A. The plaintiffs have never put their own lock
over the suit premises. Hence, prayed to reject the application.
3. Heard both sides at length.
4. On perusal of record, it appears that the defendants are
duly served on 29/08/2023. Then the defendant appeared through
VP on 05/09/2023. Then the Court has passed ‘No written
statement’ order on 29/11/2023. It means, the written statement
should be filed till 29/09/2023. But, the present application is
filed on 03/01/2024. There is near about three months delay. I
perused email which is filed along-with application. Hence, it
appears that the settlement talks were going on between both
parties. The suit is for recovery of possession of the suit premises.
The important rights is to be decided between both the parties.
Therefore, in the interest of justice it is necessary to allow the
application subject to cost. Hence, I pass the following order :
ORDER
1. The application below Exh. 23 is allowed
subject to cost of Rs. 1000/- (Rs. One
Thousand only) payable to the plaintiff till
next date without fail.
2. On payment of cost the ‘No Written
Statement’ order passed below Exh. 1 dated
29/11/2023 will be set aside and written
/home/steno36/7. P.K. Kharate/2024/2. February, 2024/Orders/16.02.2024/EXH-23 LEC 57 of 2023. delay in ws.odt KCP
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statement of the defendants will be taken on
record.
3. Both parties to take note.
(Dictated and pronounced in open Court.)
sd/-
(P. K. Kharate)
Date : 16/02/2024 Judge, C.R. No. 36
Order dictated on : 16/02/2024
Order transcribed on : 16/02/2024
Order checked and signed on : 16/02/2024
/home/steno36/7. P.K. Kharate/2024/2. February, 2024/Orders/16.02.2024/EXH-23 LEC 57 of 2023. delay in ws.odt KCP
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