Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 13
IN
L. E. SUIT NO. 22 OF 2022
C. N. R. NO. MHSCA30013082021
1. The trustees of Bai Hirabai Tata
Memorial Trust Fund & Ors. …Plaintiffs
Versus
Mr. Rohintan Sorab Elavia …Defendant
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Mr. Kersasp F. Bhot, Advocate for Plaintiffs.
The Fort Circle Advocate Solution, Advocate for Defendant.
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Coram : V. G. Upadhye, Judge
Court Room No.33
Date : 27th September 2023
ORDER
. This is an application filed by the defendant for setting aside
‘no written statement’ order dated 07.06.2023, passed against him
and for condonation of delay in filing his written statement. It is
contended in the application that plaintiffs annexed a copy of
agreement dated 03.10.1962 with the plaint which is in Gujarati
language. The plaintiff has not supplied its translated copy. The
plaint contained several vague and unsubstantiated allegations.
Therefore, the defendant was unable to prepare his written statement
within stipulated time of 30 days. Thereafter, vide letter dated
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22.06.2022, the plaintiff’s advocate was served with the letter to
provide inspection of all documents referred to and relied upon by
the plaintiffs in the plaint. That letter was not replied by the plaintiff.
Then, the defendant was compelled to file an interim application
seeking interrogatories. The plaintiffs refused to give inspection of
the documents. The interim application moved by the defendant was
rejected on 08.03.2023. Thereafter, there were talks of amicable
settlement between the parties. As the settlement was not arrived at.
The delay is caused to file the written statement. It is not intentional
or deliberate. Hence, defendant may be permitted to file his written
statement.
2. The application is opposed by the plaintiffs by filing reply at
Exh.14. According to them, the defendant has engaged lawyer to
represent him. He was fully aware of the requirements and time
frames within which the written statement is required to be filed. In
spite of numerous opportunities given to the defendant, he failed to
submit his written statement. Hence, application be rejected.
3. Heard both sides. Gone through the written submissions on
behalf of the defendant. It is evident from the record that the
defendant is duly served with the suit summons on 23.02.2022 and
not on 06.04.2022. The copy of the plaint is presumed to be served
along with the writ of summons upon the defendant. Therefore, the
defendant was supposed to file his written statement on or before
23.03.2022. The impugned order is passed on 07.06.2023 i.e. after
about one year from that date. Several opportunities were given to
the defendant to submit his written statement. In the mean time, the
defendant even did not seek any adjournment putting forth his
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difficulty to prepare the draft of the written statement as is
mentioned in the present application. The predecessor of this Court
while passing order on Exh.10 application has specifically observed
that the defendant was not entitled to administer interrogatories at
that particular stage of the trial. Moreover, the fact of ongoing talks
of amicable settlement between the parties out of Court was not
intimated to this Court. As such, apparently the defendant has
caused inordinate delay in submitted his written statement. Because
of that, the trial is unnecessarily protracted.
4. Be that as it may, in order to give a fair chance to the
defendant to file his written statement in this case in order to decide
the matter on merits and to avoid multiplicity of litigation, I am
inclined to pass following order :
ORDER
Application at Exh.13 is allowed subject to
cost of Rs.1,000/- to be paid to the plaintiffs.
( Dictated and pronounced in open Court. )
( V. G. Upadhye )
Date : 27.09.2023 Judge, C. R. No.33
Order dictated on : 27.09.2023
Order checked & signed on : 27.09.2023
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