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- 18
IN
L. E. SUIT NO. 128 OF 2022
(CNR-MHSCA-30012092022)
1. Mr. Sunit M. Khajanchi (HUF) & Anr. ...Plaintiff
Versus
Mr. Pawankumar K. Gupta ...Defendant
Vidya Bandekar, ....learned Advocate for plaintiff.
Anju Gond holding
for Manoj Bhargav, ….learned Advocate for defendant.
Coram: P. K. Kharate,
Judge, C. R. No. 35,
Date: 13th January, 2023.
ORAL ORDER:
1. The defendant has filed application stating that there was
notice that the court was on leave from 15.12.22022 & 16.12.2022.
Hence, defendant could not remain present on 16.12.2022. Hence, no
say order is passed against defendant. Hence, prayed to set aside no
say order.
2. The say filed by the plaintiff on the same application
stating that court is presiding or not but the matter is on the board. The
matter should be attended by the advocate or party. Hence, prayed to
reject the application.
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2023/Jan2023/Orders/131/1282022LE Exh 18appl allwd).odt SSC
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3. Heard both sides at length. The application filed by the
plaintiff vide Exhibit- 10 for directing the defendant to deposit arrears
of license fees. The said application is filed on 12.10.2022. Since then
the defendant has filed his V.p. on 18.11.2022. But defendant has not
filed the say on 08.122022 and 16.12.2022. But the reasons mentioned
in the application is true one that previously the notice was issued that
court was on leave on both dates i.e. 15.12.2022 & 16.12.2022. The
hearing of Exhibit- 10 is yet not started. Hence, it is necessary to
allow the application of the defendant and allow him to file say in the
interest of justice. Hence, I pass following order.
: O R D E R :
1. The application Exhibit- 18 is allowed.
2. No say order is hereby set aside below Exhibit-
10.
(Dictated and pronounced in Open Court.)
Bandra -Mumbai. ( P. K. Kharate )
Date :13.1.2023 Judge, C. R. No.35
Order dictated on : 13.01.2023
Order checked & signed on : 13.01.2023
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2023/Jan2023/Orders/131/1282022LE Exh 18appl allwd).odt SSC
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