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 – 36
IN
R.A.D. SUIT NO.428 OF 2022
(MHSCA3-001057-2022)
Hemant Raghunath Patil ..Plaintiff.
Vs.
Nanubai Bhagwandas Pamak ..Defendant.
Appearance:-
Mr. Singh Lokesh K. Ld. Advocate for the plaintiff.
Mr. Mishra R. P. Ld. Advocate for the defendant.
Coram :- Syed L. B. M. M. A.
Judge,
C .R. No. 35 [B.B.]
Date :- 6th November, 2025
ORDER :
The present application is filed on behalf of the defendant
for set aside order dated 13.10.2025.
2. It is the contention of the defendant that, the advocate for
the defendant not present on 13.10.2025 and ‘No Cross’ order passed
against the defendant. It is the contention of the defendant that, the
cross of P.W. No.2 is essential for the proper adjudication of case. It is the
contention of the defendant that, advocate absent due to some
compelling circumstances. Hence, defendant prayed to set aside ‘No
Cross’ order.
3. The plaintiff has filed his say on the overleaf of the
application and resisted the same. It is the contention of the plaintiff
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that, no reason made out of relief as prayed in the application by the
defendant. Hence, the application filed by the defendant is liable to be
rejected.
4. Heard both the Ld. Advocates and their respective parties. It
appears from the application that, the defendant is ready and willing to
take cross examination of P.W.2. Therefore an opportunity has to be
granted to defendant to take the cross. Moreover, to decide the suit on
merit an opportunity has to be granted to the defendant. If the
application is allowed no harm would be caused to other side. Hence, I
do not find any impediment to allow the application. In the sequel I pass
following order :-
:: ORDER ::
1. Application is allowed.
2. ‘No Cross’ order dated 13.10.2025 is hereby set aside.
(Dictated and pronounced in open Court.)
(Syed L. B. M. M. A.)
Date : 06.11.2025 Judge, C.R. No. 35(B.B.)
Order dictated on : 06.11.2025
Order checked and signed on : 06.11.2025
/home/steno35/Desktop/L. M. Syed Court Room NO.35/November 2025/Misc. Orders/Exh.36 RAD 428 of 2022 setting aside order 6-11-25.odt
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