Interim Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30010892021)
ORDER BELOW EXH 8
IN
M. APPEAL NO.164 OF 2021
IN
EXHIBIT 9 OF 2021
IN
R.A.D. SUIT NO.266 OF 2021
Ms. Jayashree Jayal Soochak ...Appellant/
(Original Plaintiff)
V/s.
Mangal Buildhome Private Ltd. …Respondent/
(Original Defendant)
Janardhan P. Kotian, Advocate for the Appellant.
Rajesh S. Sharma, Advocate for the Respondent.
Coram : Shri Vilas P. Kadam
Additional Chief Judge,
&
A. H. Baig, Judge,
Court Room No. 41,
Date : 28.07.2022
ORDER: (Per A. H. Baig, Judge)
1. This is an application filed by the appellant for setting aside
exparte order 08.03.2022 passed by concerned presiding officer of C.R.
No.35.
2. Subsequently, appellant realised that the relief is wrongly
claimed for setting aside order passed by C.R. No.35 and now appellant
sought permission to not press the application with liberty to file fresh
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application with correct contents and prayer clause, to which the
respondent has taken strong objection.
3. After hearing both the parties and going through the
contents, it appears that appellant has made a bonafide mistake in
preparing application including prayer clause. Such prayer can not be
entertained in this proceeding. Hence, considering the bonafide
mistake, appellant needs to be permitted to not press the present
application and liberty is to be given to her to file fresh application. If
such opportunity is given by disposing of present application, no
prejudice will be caused to other side. Hence, we proceed to pass
following order.
O R D E R
1. Appellant is permitted to not press the present
application.
2. The present application is disposed off as not
pressed.
3. Liberty is granted to appellant to file fresh
application.
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)
28.07.2022 28.07.2022
Order dictated on : 28.07.2022
Order transcribed on : 28.07.2022
Order checked & signed on : 28.07.2022
/home/steno39/Desktop/CR41/JULY2022/ORDER/Exh.8 in M APPEAL1642021 setting aside exparte order.odt
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