Order 1

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 11
IN
R.A.D. SUIT NO. 321 OF 2025
(CNR No. :- MHSCA3-000794-2025)
Dr. Rajesh Gangadhar Dashaputra … Plaintiff.
Verses
Indrayani Estate Developers Pvt. Ltd. … Defendant.
Mr. Shankar Shashpal, Ld. Advocate for the Plaintiff.
Mr. K. K. Thakker, Ld. Advocate for the Defendant.
Coram : Mr. N. R. Gajbhiye, Judge
Court Room No. 33 (B.B.)
Date : 10th September, 2026.
ORDER
The defendant has filed an application for condonation
of delay of 84 days for filing the written statement.
2. It is contended by the defendant that, suit summons
served served upon them on 04/10/2025. They appeared through the
advocate and filed Vakalatnama on 18/10/2025. The Director of the
defendant company Mr. Kiran Thakker was known to the entire
matter who expired on 05/09/2024. Therefore, there is delay of 84
days in filing the written statement.
3. Per contra, the plaintiff filed his say that application may
be allowed subject to cost.
/home/steno33/1.Judge - N. H. Gajbhiye/Orders/9. September, 2026/10-09-2026/EXH-11 RAD 321 of 2025 - delay in W.S.odt
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: 2 : EXH-11 R.A.D. Suit No. 321 of 2025
4. Perused the application and say filed. Heard Ld.
Advocate for both sides. The contention of the defendant company
that its Director Mr. Kiran Thakker demised which prevent them from
filing the written statement within stipulated time. The delay caused
appeared to be justified. But, the period lapsed in the matter needs to
be considered. Therefore, to decide the matter on merit the written
statement of defendant needs to be taken on record. Therefore, it is
fit case to allow the application. Hence, I proceed to pass the
following order:-
: ORDER :
1. The application is allowed subject to cost of Rs. 1000/-
(Rs. One Thousand only) payable to the plaintiff.
2. In the event of failure to pay the cost the order will
automatically stand cancelled.
(Dictated and pronounced in open Court.)
(N. R. Gajbhiye)
Date : 10/09/2026 Judge, C. R. No.33(B.B.)
Order dictated on : 10/09/2026.
Order transcribed on : 10/09/2026.
Order checked and signed on : 10/09/2026.
/home/steno33/1.Judge - N. H. Gajbhiye/Orders/9. September, 2026/10-09-2026/EXH-11 RAD 321 of 2025 - delay in W.S.odt
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