Order 5

Order Details: Order on Exhibit
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MHSCA30010642021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
EXHIBIT NO.15
IN
(P) APPEAL NO. 147 OF 2021
IN
IN
L. E. & C SUIT NO.27/33 OF 2012
Mr. Lalmani Lekhraj Tiwari …. Appellant
(Org. Plaintiff)
Versus
Mr. Nagendra Shambhunath Tripathi …. Respondent
(Org.Defendant)
Mr. Banshraj R. Singh... Advocate for Appellant.
Mr. Manoj R. Bhargav.... Advocate for Respondent.
Coram : Vilas. P. Kadam, Additional Chief Judge
&
A. H. Baig, Judge
Court Room No.41,
Date : 28.03.2023
ORDER :- (Per Vilas. P. Kadam, Additional Chief Judge)
1. Present application came to be filed by the appellant for
removing the matter from “Dismissal” caption.
2. Other side has submitted say on the application itself and
prayed for rejecting the application as it was already removed one time
from dismissal caption. Hence, prayed to reject the application
3. Heard both learned Advocate for parties.
4. We have gone through the record which shows that appeal is
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pending since 2021 and suit is of the year 2012. At this juncture, even
though the matter was fixed for dismissal order and in order to give
chance to both sides to argue matter on merit needs to remove from the
caption of “Dismissal” order. As per the principle of natural justice, 'audi
alteram partem', no person shall be condemned unheard. Hence, we hold
that the application deserves to be allowed. In the result, we pass
following order.
O R D E R
1. The application is allowed.
2. The matter is removed from “Dismissal” caption.
I agree,
(A. H. Baig) (Vilas. P. Kadam)
Judge Additional Chief Judge
Court Room No.41 Court Room No.41
Dt: 28.03.2023 Dt: 28.03.2023
Order dictated on : 28.03.2023
Order transcribed on : 29.03.2023
Order checked on : 29.03.2023
/home/steno41/MISC/V. P. Kadam/March-2023/ORDER/147-2021 Appeal Ex.15.odt
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