Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT – 10
in
L.E. & C. Suit No.87 of 2023
[ CNR No.:- MHSCA3-000878-2023 ]
Mrs. Annie Joseph Almeda … Plaintiff
Versus
Mr. Rakesh Murlidhar Kori … Defendant
Mr. Jayram S. Yadav, Ld. Advocate for the plaintiff.
Mr. Dinesh R. Pandey, Ld. Advocate for the defendant.
Coram : Smt. Nutan S. Saraf
Judge, C.R. No. 40,
Date : 11th December 2023.
:: ORDER ::
By this application defendant seeks permission to file
written statement on record by condoning delay of 24 days. On the
other hand, plaintiff strongly objected the present application.
2. Perused application and say. Heard both sides.
3. It is specifically stated by defendant that suit summons was
served upon him on 17/10/2023. Thereafter, he suppose to file written
statement within stipulated period of time, but due to reasons well
mentioned in the application, written statement could not be filed on
time and caused delay of 24 days. The present application is filed on
11/12/2023. The grounds mentioned by defendant for condonation of
delay in filing written statement appears to be reasonable and just one.
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It is settled principle of law that equal opportunity of being heard
should be granted to both the parties. Therefore, if defendant is
permitted to file written statement by condonation of delay, it will not
cause any prejudice to the rights of plaintiff. On the contrary the subject
matter will be decided on merits. Hence, in the interest of justice, I
proceed to pass following order.
:: O R D E R ::
1. Application (Exh.10) is allowed.
2. Delay of 24 days for filing written statement
is condoned.
3. Written statement of defendant be taken on
record.
4. Cost in cause.
Sd/-
( Nutan S. Saraf )
Date: 11/12/2023. Judge, C.R. No. 40
Order dictated & Typed on : 11/12/2023.
Order checked & signed on : 11/12/2023.
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