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 12
IN
R. A. E. & R. SUIT NO. 580 OF 2022
(CNRMHSCA30014142022)
1. Shri. Kanhaiyalal J. Tiwari & Ors. ...Plaintiffs
Versus
1. Shri. Dinkar D. Mishra & Ors. ...Defendants
Dinesh Pandey, …..learned Advocate for plaintiffs.
Sunita Vishwakarama, …..learned Advocate for defendants No. 3.
Coram : P. K. Kharate,
Judge, C. R. No. 35,
Date : 3rd April, 2023.
ORAL ORDER:
1. The defendant No. 3 has filed application stating that
defendant No. 3 appeared in the court on 04.01.2023. The defendant
could not file w.s. within thirty days. Hence, there is delay of 38 days
for filing w.s. Hence, prayed to condone the delay.
2. The say filed by the plaintiff on the same application
stating that summons is duly served to defendant on 26.12.2022. The
defendant has not given any proper reason for delay. Hence, prayed
to reject the application.
3. Heard both sides at length. On perusal of record, it
appears that on 26.12.2022, the defendant No. 3 is duly served. It
means the defendant ought to have filed w.s. till 26.01.2023. But
/home/steno35/Shri. P. K. Kharate Judge C. R. No. 35 2023/April 2023/Orders/0304/580 2022 RR Exh 12 appl allwd).odt SSC
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present application is filed on 08.03.2023. The reason mentioned in
the application is that drafting of w.s is going on hence, they could
not file w.s. The reasons mentioned in the application appears to be
true one. Hence, it is necessary to allow the application but subject to
costs. Hence, I pass the following order.
: O R D E R :
1. The application Exhibit 12 is allowed subject to
costs of Rs. 1000/ to pay to the plaintiff on next
date or to deposit in the court.
2. The delay is hereby condoned.
3. Written statement of defendant No. 3 be taken on
record after payment of costs.
(Dictated and pronounced in Open Court.)
Bandra Mumbai. ( P. K. Kharate )
Date : 03.04.2023 Judge, C. R. No.35
Order dictated on : 03.04.2023
Order checked & signed on : 03.04.2023
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