Interim Order 4

Order Details: Order on Exhibit
Pdf Text: Order dtd. 17.06.2026 - 1 - Exh.28 in L.E. Suit No.113-2021
CNR No. MHSCA 3000728-2021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 28
IN
L.E. SUIT NO.113 OF 2021
Mrs. Bindu Pancham Vishwakarma …. Plaintiff
Versus
Mrs. Tulsi Sachin Vishwakarma …. Defendant
Mr. P. K. Dwivedi : Advocate for plaintiff
Mr. D. R. Pandey : Advocate for defendant.
Coram: Mr. R. M. Tuwar, Judge
[Court Room No.40]
I/c. Judge, C. R. No. 38 (B.B.).
Date : 17th June, 2026
ORDER :
1. This is an application filed by the defendant submitting the
Court to condone the delay and allow her to carry out the
amendment in the written statement as per Order dated 06.03.2026
below Exhibit-24.
2. It is stated by the defendant that, she is a working women
doing job and leave was not granted by her concerned officer and
therefore, she could not come to this Court and carried out
amendment in the written statement. Delay was not deliberate or
intentional. Thus, prayed to allow application.
3. The plaintiff has objected application contending that, the
defendant has not annexed any document in support of her
contentions and time to carry out amendment had lapsed on
20.03.2026. Thus, prayed to reject application.
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Order dtd. 17.06.2026 - 2 - Exh.28 in L.E. Suit No.113-2021
4. Heard, the learned Advocates for both sides.
5. On perusal of record, it seems that, by Order dtd. 06.03.2026
below Exhibit-24, this Court has already granted permission to
defendant to carry out amendment in the written statement. As per
the defendant, she is a working women and leave was not granted by
her concerned officer and therefore, she could not come to this Court
and carried out amendment in the written statement. The Order dtd.
06.03.2026 passed below Exhibit-24 was required to be complied
within 14 days, and as such, for the reason mentioned, the same has
not been complied. If the application is not allowed, Order dtd.
06.03.2026 passed below Exhibit-24 will become infructuous and
futile and there will be multiplicity of the proceedings. Thus,
considering the reason mentioned in the application, it would be
judicious to allow the defendant to carry out amendment in the
written statement by condoning the delay so as to comply the Order
passed by this Court. No prejudice will be caused to the plaintiff.
Hence, the order :-
ORDER
[1] The application (Exhibit-28) is allowed.
[2] The defendant is permitted to carry out
amendment in the written statement as per Order
dtd. 06.03.2026 passed below Exhibit-24 on or
before next date.
(Dictated and pronounced in open Court.)
(R. M. Tuwar)
[Judge, Court Room No.40]
I/c. Judge, C. R. No.38 (B.B.).
Date : 17.06.2026 Small Causes Court, Mumbai
/home/steno38/Desktop/JUNE 2026 CR 38- IC JUDGE CR 40/17.06.26 EXH. 28 LE 113-2021 extension to carry amend w.s.odt sampada
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