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 NO. 10
IN
L. E. SUIT NO. 21 OF 2022
CNR NO. MHSCA30013092021
1. The Trustees of Bai Hirabai Tata
Memorial Trust Fund & Ors. …Plaintiffs
Versus
Dr. Mr. Khusrav Beji Bajan …Defendant
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Mr. K. F. Bhot, Advocate for Plaintiffs.
Mr. A. C. Mahadeokar, Advocate for Defendant.
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Coram : R. R. Khan
Judge
C. R. No.33
Date : 07th December 2022
ORDER
. This is an application filed by the defendant for condonation of
delay of 24 days in filing written statement on account of duty of
defendant in Covid task force as per the order of Government of
Maharashtra dated 25.05.2020. In support of this application, the
defendant has annexed copy of Government order, affidavit and
limitation relaxation order of Hon'ble Apex Court.
2. The plaintiff has filed reply at Exh.11 and contended that no
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reasonable cause for delay has been shown therefore, application be
rejected.
3. I have heard learned Advocate for defendant and perused
written notes of argument filed by the plaintiffs at Exh.12. I have
perused case record.
4. Noticeably, the present application is annexed with written
statement. Significantly, the defendant is medical officer who has
been assigned to deal with covid situation by Government of
Maharashtra during the pandemic in May 2020. The reason of delay
is not only just and proper but also required to be considered as
defendant was serving to the public at large in a pandemic situation.
According to me, if this application is allowed, no harm will be
caused to plaintiffs. On the contrary, it will assist in full and final
adjudication of the matter and will minimized the multiplicity of the
proceeding. Keeping in view, the sufficient and noble cause shown by
defendant, I am satisfied to allow this application by following order.
1 Application at Exh.10 is allowed.
2 The delay is condoned and defendant is
permitted to file written statement on
record.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 07.12.2022 Judge, C.R. No.33
Order dictated on : 07.12.2022
Order checked & signed on : 07.12.2022
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