Order 1

Order Details: Order on Exhibit
Pdf Text: .. 1 .. EXH-11 R.A.E. Suit No. 241 of 2021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 11
IN
R.A.E. SUIT NO. 241 of 2021
(CNR No. :- MHSCA3-000596-2021)
Essem Capital Markets Limited ... Plaintiff
Versus
1. M/s. National Motor Garage and Ors. ... Defendants
M/s. A. V. Jain Associates, Ld. Advocate for the Plaintiff.
Clarus Legals, Ld. Advocate for the Defendant No. 1 to 5.
Coram :- S. J. Gaikwad, Judge
C. R. No. 36 [B.B.]
Date :- 15/12/2021
ORDER :
From the contention of application and say filed by the
plaintiffs following points arises for my determination and I have
recorded my findings thereon for the reasons stated as under.
POINTS FINDINGS
1) Whether the application filed by the
defendants at Exhibit-11 for condonation
of delay in filing written statement is
liable to be allowed as prayed ?
.. Yes
2) What order ? .. As per final order
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.. 2 .. EXH-11 R.A.E. Suit No. 241 of 2021
REASONS
As to Point Nos. 1 and 2:-
2. Read application supported by affidavit. Perused say filed by
the plaintiff. Perused record. Heard.
3. The advocate for the defendants has submitted that, the
plaintiffs have filed suit for eviction of the defendants from the suit
premises on the grounds mentioned in the plaint. The copy of suit has
been served upon the defendants on 03/08/2021 and the matter was
seized by the Additional Registrar till 02/09/2021 and thereafter said
matter has been transferred before this Hon'ble Court. The advocate for
the defendants has further submitted that, due to some unavoidable
personal reasons deponent no. 1 was not well and deponent no. 2 and 3
were out of station, the defendants could not give instructions to concern
advocate to prepare the written statement. Deponent no. 1 is still not
keeping well, whereas deponent no. 2 and 3 come return from their
hometown, but our advocate on record was also out of town for vacation
with his family, so the defendants could not meet him. Therefore there is
delay of 28 days in filing written statement which is not more than 90
days and is within the maximum time period as per the provisions of
Order 8 Rule 1 of the Civil Procedure Code. Hence prayed that the said
delay may be condoned and the defendants may be permitted to file
written statement.
4. On the other hand the advocate for the plaintiffs has raised
objection to this application submitting that the delay of 28 days in filing
written statement may be condoned subject to payment of cost.
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.. 3 .. EXH-11 R.A.E. Suit No. 241 of 2021
5. After considering the submissions made on behalf of both the
sides and considering the nature and circumstances of the suit, to decide
the matter on merit in the interest of justice if by imposing some sort of
cost upon the defendants delay of 28 days in filing written statement has
been condoned no right of the plaintiffs will be prejudiced. On the
contrary it will be just and proper to decide the matter on merit. So this
application deserves to be allowed. Hence I answer Point No. 1 in the
affirmative and in the result in answer to Point No. 2 I pass the following
order.
: ORDER :
1. The application filed by the defendants at Exhibit-11 for
condonation of delay in filing written statement is allowed and
defendants permitted to file written statement subject to cost of
Rs. 500/- (Rs. Five Hundred Only) to be paid by the defendants to
the plaintiffs on or before next date.
2. Costs in cause.
(Dictated and pronounced in open Court.)
(S. J. Gaikwad)
Date : 15/12/2021 Judge, C.R. No. 36
Order dictated on : 15/12/2021
Order transcribed on : 16/12/2021
Order checked and signed on : 16/12/2021
(S. J. Gaikwad)
Judge, C.R. No. 36
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