Interim Order 1

Order Details: Order on Exhibit
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CNR No. MHSCA-3000815-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 9
In
R.A.E. Suit No. 417 of 2023
Smt. Janet Ronald Pimento ….... Plaintiff.
V/s.
Smt. Shirley Fernandes …... Defendant.
Advocate for the plaintiff : Ms. Eventa A. Gonsalves
Advocate for the defendant : S. Shamim & Co.
Coram : R. R. Kale
Judge, C.R. No. 35 (B.B.)
Date : 27.09.2024
Oral Order :
Present application is taken out by the defendant to
condone the delay caused in filing her written statement and to permit
her to file it on record.
2. The defendant has submitted in her application that, the
delay of 188 days has been caused in filing the written statement within
statutory period and it may kindly be condoned on account of reasons
stated in the application.
3. On the contrary, the plaintiff has filed her reply vide Exh.
10 and strongly opposed the present application. The plaintiff has lastly
urged for dismissal of the application.
4. From the contents of the application and say filed thereon,
following points arise for my determination. I have given my findings
thereon for the reasons stated as under : -
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Sr.
No.
Points Findings
1. Whether the application is liable to be
allowed ?
Yes.
2. What order ? Application stands
allowed on cost.
: R E A S O N S :
As to Point Nos. 1 & 2 :-
5. Heard respective Ld. advocates on behalf of both the
parties at length. They have advanced their arguments as per their
respective contentions.
6. Perused the documents upon which the defendant has
relied. After perusal of application and say filed by the plaintiff it
seems that, the delay has been caused in filing written statement on
record within statutory period by the defendant. The reasons assigned
for not filing written statement within statutory period as per the Code
of Civil Procedure do not prima facie appear to be satisfactory. However,
to decide the real controversy between the parties and considering the
right of defendant to take defence, it would be just and proper to allow
this application and permit her to file written statement on record. At
the same time, some cost needs to be imposed upon the defendant.
Therefore, in view of above all discussion, I answer Point No. 1 in
affirmative and in answer to Point No. 2, I proceed to pass the
following order :-
:: O R D E R ::
1) Application vide Exh. 9 stands allowed
subject to cost of Rs. 3,000/- to be given
to the plaintiff on or before next date.
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2) The delay caused in filing written
statement on record is hereby condoned
and the defendant is permitted to file
her written statement on record.
3) On failure of the defendant to pay the
cost, the said order shall stand cancelled.
(Dictated and pronounced in the open court.)
(R. R. Kale)
Date : 27.09.2024 Judge, C.R. No. 35 (B.B.)
Order dictated on computer : 27.09.2024
Order checked & signed on :27.09.2024
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