Interim Order 1

Order Details: Order on Exhibit
Pdf Text: :: 1 ::
CNR No. MHSCA-3000761-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 11
In
R.A.E. Suit No. 401 of 2023
1. Mr. Rakesh Champalal Kothari & Ors. ….... Plaintiffs.
V/s.
1. Mr. Dinesh Champalal Kothari & Ors. …... Defendants.
Advocate for the plaintiffs : Mr. L. V. Jain
Advocate for defendant No. 1 : Mr. G. S. Yadav
Coram : K. M. Kayangude,
Judge, C.R. No. 38 (B.B.)
Date : 05.07.2024
Oral Order :
Perused the application and reply. Heard both sides.
2. It appears that there is a delay of 21 days in filing the
written statement. It appears that after service of summons, the
defendant No. 1 issued letter for the inspection of the documents
referred and relied upon in the plaint, but same was not given. Thus,
as per the defendant due to the said reason, he was unable to file
written statement within time.
3. It also appears from the application that the present written
statement has been filed though the inspection sought by the defendant
was not given. In the same way, it was possible for the defendant to file
the written statement within stipulated period. In the present matter,
there is no any inordinate delay on the part of the defendant. In order
/home/steno38/Desktop/KMK/NOTICES 2023-24/JULY-24/Ex 11 RAE 401-23.odt
-- 1 of 2 --
:: 2 ::
to decide the matter on merits, it is necessary to give fair chance to the
defendant to contest the suit by filing written statement. No prejudice
will cause to the plaintiff if written statement is taken on record by
condoning the delay. If the plaintiff is compensated by awarding
appropriate costs for causing delay, then it will meet ends of justice.
Accordingly, following order.
:: O R D E R ::
1) Application Exh. 11 is hereby allowed, on
payment of cost of Rs. 500/- by the defendant
No. 1 to the plaintiff on or before next date.
2) On compliance of above, the delay caused in
filing the written statement stands condoned
and written statement of defendant No. 1 be
taken on record.
(Dictated and pronounced in the open court.)
(K. M. Kayangude)
Date : 05.07.2024 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 05/07/24
Checked & Signed on : 06/07/24
/home/steno38/Desktop/KMK/NOTICES 2023-24/JULY-24/Ex 11 RAE 401-23.odt
-- 2 of 2 --