Interim Order 11

Order Details: Order on T.I.
Pdf Text: 1 Exh. 35 In RAE & R. Suit No.427/2023
CNR No. MHSCA3-00-0786-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 35
In
R.A.E. & R. Suit No. 427 of 2023
1) Mr. Raju Mohan alias Nikhil Raj
Mohan & Ors. Plaintiffs
V/s.
1. Mr. Subhash Kantilal Kadakia & Anr. Defendants.
Shri M.A. Chandan advocate for the plaintiff.
Shri Kiran Arun Shetty, advocate for the defendants.
Coram : L.B.M.M.A Syed, Judge.
C.R. No. 38 (B.B.)
Date : 21.09.2026.
Oral Order :
This is an application filed at the behest of defendants to set
aside no say order passed below Exh. 11 on 24.06.2024.
2) It is the contention of the applicant that the plaintiff
has produced certain documents in support of their evidence. As the
defendants have filed the say to the said list of documents, the said
application proceeded without say of the defendants on
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SwatiZad,Steno(Grade-II)
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2 Exh. 35 In RAE & R. Suit No.427/2023
24.06.2024. It is necessary to file the say on the said application in
support of the admissibility of documents and evidentiary value of
the documents. Therefore, they prayed to set aside no say order
passed below Exh. 11 on 24.06.2024.
3) The plaintiff has filed say on overleaf of the application
and strongly objected the said application. In para 1, misleading
statement is made that, the say on the documents was filed. In fact,
say was not filed by the defendants. Therefore, this court was
pleased to pass no say order. No say order was passed in the year
2014. There is no ground to set aside the said order. The
application is vague and without any reason. Therefore, he prayed
to reject the application with compensatory costs.
4) Heard learned advocates for both the respective
parties. Read the application and say. In para 1 of the application
the applicant has specifically stated that he has filed say on the
documents but in fact there is no say filed by them and therefore,
no say order was passed by this court on 24.06.2024. Now the
defendants want to file say on the said application for the purpose
of admissibility of documents. It is proper to give an opportunity to
the applicant / defendant to file the say. Moreover, to determine the
suit on merit it would be proper to grant an opportunity to the
applicant to file the say. But there is a considerable delay in filing
the present application. The present application is not filed as soon
as no say order was passed by this court. Therefore, defendants has
to be saddled with costs which is quantified to Rs.1,000/-. Hence,
the application deserves to be allowed. In the sequel, I pass
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SwatiZad,Steno(Grade-II)
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3 Exh. 35 In RAE & R. Suit No.427/2023
following order :
ORDER
1) The application is allowed.
2) The no say order passed on 24.06.2024 at
Exh.11 is set aside subject to payment of costs
of Rs.1,000/- (Rupees One Thousand only) to
the plaintiffs.
(L.B.M.M.A Syed)
Judge.
Date : 21.09.2026. C.R. No. 38.(B.B.)
/home/steno38/sgzad/21.9.26/427-23RR-Exh35(set aside no say)21.9.26.odt
SwatiZad,Steno(Grade-II)
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