Final Order 1

Order Details: Chamber summons
Pdf Text: CH.S.84/18 SUM.SUIT 227/2017 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 84 OF 2018
IN
SUMMARY SUIT NO. 227 OF 2017
CNR.NO.MHCC010004802018
Metcon Coatings & Chemicals(India)Pvt.Ltd. .....Plaintiff
V/s.
M/s.Synergy Biorefineries Pvt.Ltd. ....Defendants
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATE : 12TH JULY 2019
Advocate Mr.Kunal Sampat for Plaintiff.
Advocate Mr.Dinesh Kumar Jain for Defendants.
ORDER
1. This chamber summons is for condonation of delay for filing of
vakalatnama.
2. Heard the Ld.counsel for defendant and ld.counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether there is sufficient
cause to condone the delay to file
vakalatnama by defendant?
Yes
2. What order? As per final order
-- 1 of 4 --
CH.S.84/18 SUM.SUIT 227/2017 2
REASONS
AS TO POINT NOS. 1 AND 2
4. Ld.counsel for defendant submitted that the defendant is sole
director and is required to travel frequently for business purpose. Since
last more than 2 years defendants have vacated the office on which the
suit summons was served. One Smt.Padmavati is now residing in that
address and she has informed defendants about the writ of summons.
Thereafter, some time took to arrange for advocate and collection of
documents. In the meantime,vakalatnama could not be filed and
therefore the delay has occurred which is required to condone.
5. The plaintiff has resisted this application by filing reply. Its
Ld.Counsel has submitted that defendants have taken false defence.
Even today registered address of defendants company is the one on
which summons was served. Therefore, the defendants have taken the
false and fabricated grounds about vacating the said premises and
therefore, application be rejected.
6. In rejoinder the defendants have filed affidavit of Smt.Padmavati
to support their claim.
7. Undisputedly there is delay in filing of vakalatnama by
defendants. This delay can be of 25 days or 60 days that is immaterial.
It is also undisputed that defendants are based at Andhra Pradesh .
From the conduct of the defendants it seems that they are interested in
contesting the suit . Without taking any hyper technical view and in the
interest of justice, if the delay is condoned and vakalatnama of
defendants is taken on record that will be just and proper therefore,
-- 2 of 4 --
CH.S.84/18 SUM.SUIT 227/2017 3
point no.1 is answer as 'Yes' and following order is pass.
ORDER
1. Chamber Summons No.84/2018 is allowed.
2. The delay to file Vakalatnama is condoned subject to cost of Rs.
1000/ to be paid to other side.
3. On payment of cost the Vakalatnama of defendants is taken on
record.
4. Chamber Summons No.84/2018 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:12/07/2019 City Civil Court,Gr. Bombay
Dictated on : 12/07/2019
Transcribed on :16/07/2019
Signed on :16/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/07/2019 at 2.10p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
12/07/2019
Judgment/Order signed by P.O. on 16/07/2019
Judgment/Order uploaded on 17/07/2019
-- 3 of 4 --
CH.S.84/18 SUM.SUIT 227/2017 4
-- 4 of 4 --