Interim Order 4

Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30010642021)
ORDER BELOW EXH 14
IN
P. APPEAL NO. 147 OF 2021
IN
L.E. & C. SUIT NO. 27/33 OF 2012
Mr. Lalmani Lekhraj Tiwari ...Appellant/
(Orig. Plaintiff)
V/s.
Mr. Nagendra Shambhunath Tripathi …Respondent/
(Orig. Defendant)
Banshraj R. Singh : Advocate for the Appellant.
Manoj R. Bhargav : Advocate for Respondent
Coram : Shri Vilas P. Kadam
Additional Chief Judge,
&
A. H. Baig, Judge,
Court Room No. 41,
Date : 19.01.2023
ORDER: (Per A. H. Baig, Judge)
1. Perused the application and say filed. Heard both learned
Advocates for the parties.
2. By moving the present application, the appellant has
prayed for removing the matter from 'dismissal order' caption and
allowing him to argue the matter.
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3. Reason mentioned in the application appears to be
satisfactory. Fair chance should be given to the appellant to argue the
matter by removing it from dismissal order caption. If such an
opportunity is given to the appellant by removing the matter from
dismissal order caption, no serious prejudice will be caused to other
side. As per principle of natural justice, no person shall be condemned
unheard. Considering all these facts, we hold that the application
deserves to be allowed. Hence, the order.
O R D E R
1. The application is allowed .
2. The matter is removed from dismissal order
caption .
3. The appellant is directed to argue the matter on
next date positively.
I agree,
( Vilas P. Kadam ) ( A.H. Baig )
Additional Chief Judge, Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
19.01.2023 19.01.2023
/home/steno39/Desktop/Shalini from 19.01.23/order/EXH14P appeal 1472021 for removing matter from order caption.odt
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