Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 21
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 :- 11/12/2023
ORDER :
The defendant has filed the application stating that he has
served with interim application on 05/09/2023. The negotiations
for settlement were going on between both parties. The defendant
has agreed to handover the possession of the suit premises. Hence,
defendant has not filed the written statement. The defendant
further stated that the plaintiff put his own lock and prevented the
defendant to enter into the suit premises. Hence, prayed to set
aside the ‘No Say’ order below Exh. 11.
2. The say filed by the plaintiff on same application stating
that the defendant has not filed the copy of reply along-with this
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.. 2 .. EXH-21 L.E. & C. Suit No. 57 of 2023
application. It is delay tactics played by the defendant. The
defendant is avoiding to pay the license fees and compensation in
respect of the suit premises. Hence, prayed to reject the
application.
3. Heard both sides at length.
4. On perusal of the record, it appears that the plaintiff has
filed the interim application on 05/07/2023. I have already
granted three chances to file the say to the interim application.
Hence, at last I have passed ‘No Say’ order on 29/11/2023. Today
also the application is not filed along-with reply for the interim
application. It means, it is just prolong tactics by the defendant.
Therefore, there is no merit in the application filed by the
defendant to set aside the ‘No Say’ order. Hence, I pass the
following order :
ORDER
1. The application below Exh. 21 is rejected.
2. Both parties to take note.
(Dictated and pronounced in open Court.)
sd/-
(P. K. Kharate)
Date : 11/12/2023 Judge, C.R. No. 36
Order dictated on : 11/12/2023
Order transcribed on : 11/12/2023
Order checked and signed on : 11/12/2023
/home/steno36/7. P.K. Kharate/12. December, 2023/Orders/11.12.2023/EXH-21 LEC 57 of 2023. Set aside DID order caption.odt KCP
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