Order 1

Order Details: Order on Exhibit
Pdf Text: (CNR : MHSCA3-000602-2025)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 13
IN
L.E. & C. SUIT No. 63 OF 2025
Mr. Gurmeet Singh Chandhok and anr. … Plaintiffs
Versus
M/s. Solar International and anr. ... Defendants
Mr. Joseph Fernandes, Advocate for plaintiffs
Ms. Rucha V. Jog, Advocate for defendants
Coram : Saritha Vishwambharan
Judge, C.R.No.32 (B.B.)
Date : 09/09/2026
ORAL ORDER
1] This is an application filed by plaintiffs for setting aside
no say order passed below exhibit 11 and 12 dated 16/02/2026.
2] Defendants filed say overleaf the application. Heard Ld.
Advocate for plaintiffs and Ld. Advocate for defendants.
3] According to plaintiffs, on 02/09/2025, defendants filed
application for condonation of delay in filing their written statement
and for depositing licence fee. On 16/02/2026, court passed no say
order on both the application. Due to health issue, plaintiffs were
advised for complete rest for few months and he could not file reply
to the applications. The delay is not intentional but was due to
medical reasons. For all the above reasons, plaintiffs prayed to set
aside no say order dated 16/02/2026.
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4] Defendants objected the application on the ground that
before passing no say order, the matter was adjourned on four
occasions. Plaintiffs took adjournments and delayed the hearing. No
medical documents are filed on record. The delay is intentional.
Hence, defendants prayed to reject the application with costs.
5] Perused record. On 02/09/2025, defendants filed
application at exhibit 11 for depositing licence fee. On 07/10/2025,
defendants filed application at exhibit 12 for condoning delay in
filing written statement. On both the applications, say of plaintiffs
were called. Thereafter, the matter was fixed on 18/11/2025 and
12/01/2026 for filing say on exhibit 11 and 12. It was on
16/02/2026 that Court was passed no say order on both the
applications. The present application is thereafter moved after four
dates. Admittedly, there are no documents filed to substantiate the
reason for delay. Considering the nature of the application,
opportunity needs to be granted to plaintiffs to file their say. At the
same time, considering the duration of the delay, costs needs to be
imposed. In view of the above discussion, the following order :-
ORDER
1] Application is allowed.
2] No say order dated 16/02/2026 passed below exhibit
11 and 12 is set aside subject to costs of Rs.500/-
(Rupees Five Hundred only) respectively to be paid to
defendants.
Date : 09/09/2026 (Saritha Vishwambharan)
Place : Bandra, Mumbai Judge, Court No.32
Bandra Branch, Mumbai
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CERTIFICATE
I affirm that the contents of this P.D.F. file order is word to
word same as per original order.
Name of Steno :- Arpana S. Karande, Steno (Grade-2)
Court Name :- Saritha Vishwambharan
Judge, Court Room No.32
Small Causes Court
Bandra Branch, Mumbai
Date of order :- 09/09/2026
Signed by PO on :- 09/09/2026
PDF uploaded on :- 09/09/2026
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