Interim Order 1

Order Details: Order on Exhibit
Pdf Text: IN THE SMALL CAUSES COURT AT MUMBAI
( BANDRA BRANCH )
ORDER BELOW EXHIBIT NO. 10
IN
R. A. E. SUIT NO. 368 OF 2023
C. N. R. NO. MHSCA30008102023
Mangal Prabha Co-operative Housing
Society Ltd. …Plaintiff
v/s.
Mr. Gaurang Jagdish Sheth …Defendant
********
Mr. D. A. Athavale, Advocate for Plaintiff.
Mr. R. S. Maurya, Advocate for Defendant.
********
Coram : V. G. Upadhye, Judge
Court Room No.33
Date : 15th February, 2024
ORDER
. This is an application filed by the defendant for condonation of
delay of 42 days in filing the written statement and for setting aside
‘no written statement’ order passed on 20.11.2023. It is contended in
the application that the defendant was not knowing the legal
provision that the written statement is required to be filed within 30
days of service of summons. According to the defendant, when he
engaged lawyer to represent him in his case, he came to know about
the fact that he was required to file his written statement up to
30.10.2023. Due to non-availability of his advocate on the next date
fixed, though the draft of the written statement was ready, he could
not submitted in his absence.
2. Application is opposed by the plaintiff society by filing written
say on the ground that there is no justified reason to condone the
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delay.
3. Heard both sides. Perused case record.
4. It is evident from the record that the suit summons is duly
served upon the defendant on 30.09.2023. The defendant entered
his appearance on 10.10.2023. He was supposed to submit his
written statement on or before 30.10.2023. However, he failed to
submit it within prescribed time limit. On the next date fixed i.e. on
20.11.2023 also, he failed to submit his written statement which
resulted into passing of impugned order against him. The reason
given by him for not filing his written statement within stipulated
time is very casual and not justified.
5. Be that as it may, in order to give a fair chance to the
defendant to file his written statement in this case in order to decide
the matter on merits and to avoid multiplicity of litigation, I am
inclined to pass following order :
ORDER
1. Application at Exh.10 is allowed.
2. Written statement of the defendant is
taken on record.
( Dictated and pronounced in open Court. )
Sd/-
( V. G. Upadhye )
Date : 15.02.2024 Judge, C. R. No.33
Order dictated on : 15.02.2024
Order checked & signed on : 15.02.2024
/home/steno33/Desktop/Exh 10 in RAE 368-2023.odt
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