Interim Order 4

Order Details: Order on Exhibit
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CNR NO.MHSCA-30006432022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.31
IN
L.E. & C. SUIT NO. 83 OF 2022
1. Mrs. Dayavati Diwakar Mada and anr. . . Plaintiffs.
Versus
Mr. Latif Ahmed Shaikh . . Defendant.
Coram : A.S. Pandagle, Judge
C.R.No.37
Date : 10/10/2025.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendant for
setting aside no cross order passed on 16/9/2025 against the
defendant. By filing present application it is contended that on
16/9/2025 the matter is kept for further cross examination of the
plaintiff, on that date the advocate of the defendant was engaged in
C.R.No.34 in argument of an old suit bearing RAE Suit No.390 of
2001, therefore could not present before this Court for to conduct
further cross examination of the plaintiff. If no cross order is set
aside and the defendant given a fair chance to conduct the cross
examination, no harm or loss or prejudice will be caused to the
plaintiffs. Therefore submitted that application as prayed may be
allowed.
4. On the other hand, plaintiff by filing reply resisted the
application and contended that on 22/4/2024 and 18/6/2024 the
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matter was for cross examination, defendant filed adjournment
application. Already more than a year has completed since the cross
has started. On 11/11/2024 again adjournment sought by the
defendant, again on 16/12/2024 the defendant filed an application
for adjournment was allowed, on 16/9/2025 no cross order was
passed, the Advocate was engaged in another Court cannot be a
ground for adjournment. Therefore submitted that application may
be rejected.
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 it is contended by the
defendant that on 16/9/2025 the Advocate of the defendant was
engaged in another Court in argument of old matter. Considering
this reason, if no cross order passed against defendant is set aside
subject to cost, no harm or prejudice will be caused to the plaintiff.
A fair chance of cross examination is required to be given to the
defendant for the interest of justice. Hence, I proceed to pass
following order.
ORDER
1. Application is allowed subject to cost of Rs.500/-
to be paid to the plaintiffs, on or before next date.
2. No cross order passed against the defendant on
16/9/2025 is hereby set aside and the defendant
is permitted to take cross examination of P.W.1,
after payment of cost amount.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 10/10/2025. Judge, C.R.No.37.
.
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