Order 1

Order Details: Order on Exhibit
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CNR NO.MHSCA-30005992023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 14
IN
R.A.E. SUIT NO. 295 OF 2023
Mr. Anil Gulabrai Gidwani . . Plaintiff.
Versus
1. Mr. Vijay Nagpal and anr. . . Defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 8/1/2024.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendants for
condonation of delay in filing written statement. By filing present
application it is contended that defendants are senior citizens having
age related health issues, the defendant No.2 had undergone a knee
replacement surgery in the recent past and the defendant No.1, her
husband, was busy taking care of the defendant No.2 and therefore,
they were not able to give instructions to their advocate and
therefore, there may be delay about 14 days in filing their written
statement, therefore submitted that delay in filing written statement
may be condoned and defendants may be permitted to place their
written statement on record.
4. On the other hand, plaintiff by filing reply resisted the
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application and contended that the RAE Suit No.275 of 2018 and this
suit be tried expeditiously and both suits be tried together, on that
ground delay in filing written statement be condoned and issues may
be framed.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings, by way of this application defendants contended
that defendants are senior citizens having age related health issues,
the defendant No.2 had undergone knee replacement surgery,
defendant No.1, her husband was busy in taking care of defendant
No.2, therefore, not able to give instructions for filing written
statement to their advocate. Considering this fact, if the present
application is allowed subject to costs, it would not cause any
prejudice to the plaintiff, it would definitely becomes helpful for
deciding the matter on its merit. Hence, I proceed to pass the
following order.
ORDER
1. Application is allowed.
2. Delay caused for filing written statement is
hereby condoned, subject to costs of Rs.300/-
(Rs.Three Hundred only) to be paid to the
plaintiff, on or before next date.
3. The defendants are permitted to place their
written statement on record, after payment of
costs amount.
Sd/-
Bandra - Mumbai. ( A.S. Pandagle )
Date : 8/1/2024. Judge, C. R. No.32.-
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