Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT – 11
IN
R.A.E. & R. SUIT NO. 358 OF 2024
(CNR No. :- MHSCA3-001055-2024)
Mrs. Maggie Titus Soares
Wd/o. Mr. Titus Soares, ... Plaintiff.
Versus
1. Mr. Navin Nandu and Ors., ... Defendants.
Appearance:-
Smt. E. A. Gonsalves…. Ld. Advocate for the Plaintiff.
Mr. H. J. Desai …. Ld. Advocate for the Defendant Nos. 1 and 2.
Coram: R. R. Kale,
Judge, C. R. No. 36.
Date : 01/11/2025.
ORDER:-
Present application is taken out by the defendant Nos. 1
and 2 to condone the delay caused in filing their written statement
and permit them to file it on record.
2. The above defendants submit in their application that, the
delay has been caused in filing the written statement within statutory
period. On account of reasons stated in the application, the delay of
84 days be condoned and their written statement may kindly be
accepted.
3. On the contrary, the plaintiff has filed reply vide Exh. 14
and objected to the prayer of the above defendants. The plaintiff
submits in her reply that, the defendants have failed to set out any
just and/or sufficient case, explaining the delay in filing written
statement. Lastly, she has prayed for dismissal of the application.
4. Heard the Ld. Advocates on behalf of both parties. They
have advanced their arguments as per their respective contentions.
/home/steno36/8. R. R. Kale/2025/Orders/11. November, 2025/01-11-2025/EXH-11 RAER 358 of 2024 - delay condonation in WS.odt KCP
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2 EXH-11 R.A.E. & R. Suit No. 358 of 2024
Perused the written argument filed on behalf of the defendant Nos. 1
and 2 vide Exh. 28.
5. The Ld. Advocate for the above defendants relied on the
ratios laid down in Vimalkumar Nathmal Goenka Vs. Vinod Kumar
Nathmal Goenka and Ors., AIR 1999 Bom. 51 and Zolba Vs. Keshao
and Ors. in Appeal (Civil) No. 2360 of 2008 dated 01/04/2008. I
have gone through the same and heard parties on it.
6. 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 above defendants. Considering
the reason stated in the application, to decide the real controversy
between the parties and in view of the right of above defendants to
take defence, present application can be allowed subject to cost since
there is delay in taking out the application. It would be just and
proper to order to give the said cost to the plaintiff. Thus, I proceed
to pass the following order:-
: ORDER :
1) Application vide Exh. 11 stands allowed subject to cost of
Rs. 500/- (Rs. Five Hundred only) to be given to the
plaintiffs on or before next date.
2) The delay caused in filing written statement on record is
hereby condoned and the defendant Nos. 1 and 2 are
permitted to file their written statement on record.
3) On failure of the defendant Nos. 1 and 2 to pay the cost,
the said order shall stand cancelled.
(Dictated and pronounced in the open court.)
(R. R. Kale)
Date : 01/11/2025. Judge, C. R. No. 36.
Order dictated on computer : 01/11/2025.
Order checked & signed on : 01/11/2025.
/home/steno36/8. R. R. Kale/2025/Orders/11. November, 2025/01-11-2025/EXH-11 RAER 358 of 2024 - delay condonation in WS.odt KCP
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