Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.215/19
in Summary Suit No.518/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No. 215 of 2019
(CNR NO. MH CC010011072019)
In
SUMMARY SUIT No.518 OF 2018
Conde Nast (India) Pvt. Ltd.
A Company registered under the
provisions of the Companies Act, 1956
having its office at 2nd Floor,
Darabshaw House, Ballard Estate,
Shoorji Vallabhdas Marg,
Mumbai400 001. ....Plaintiff
V/s.
Aavantam Retail Pvt. Ltd
A Company registered under the provisions of
The Companies Act, 1956 (as amended)
having its registered office at 1501,
Panchratna M.P Marg, Opera House,
Mumbai.
Also at,
275, Mapla Mahal, J.S.S. Road,
Thakurdwar Corner, Girgaum,
Mumbai400 004. ....Defendant
Appearance:
Ms. Radha Kapadia, Advocate for the Plaintiff.
Mr. Abhijeet Rane, Advocate for the defendant.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 07 th November, 2019.
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2 Chamber Summons No.215/19
in Summary Suit No.518/2018
ORDER
1. This Chamber Summons is taken out by defendant for
condonation of delay in filing Vakalatnama and for permission to file
leave to defend.
2. Heard both the sides. On behalf of plaintiff reply is not filed
on record. Learned Advocate of defendant submitted that as per the
recitals of document at ExhB annexed with the plaint, the invoices are
subject to Mumbai jurisdiction. There are correspondence made between
plaintiff and defendant for adjusting the claim amount as well as further
continuation of the contract. It is further submitted that on belief of the
plaintiff, defendant did not appear in the Court. Therefore, it is prayed
that the chamber summons may kindly be made absolute.
On the other hand, it is submitted by learned Advocate of
plaintiff that plaintiff had no objection, if chamber summons is allowed
with cost.
3. Since at this stage summons for judgment is not filed on
record, the question of grant to file leave to defend will not arise.
4. On perusal of record, it reflects that on 10.10.2018 as the
defendant did not appear in the suit, Exparte order was passed. The
reason mentioned in the chamber summons about correspondence made
between the plaintiff and defendant for settlement of dispute and for
further continuation of the contract appears to be justifiable in order to
condone the delay in filing vakalatnama by defendant. Moreover, no
harm or prejudice will cause to plaintiff, if delay is condoned. It is well
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3 Chamber Summons No.215/19
in Summary Suit No.518/2018
settled that the Court should take liberal approach for condonation of
delay to advance substantial justice. On behalf of plaintiff, chamber
summons is not opposed. Resultantly, I pass following order.
ORDER
1) Chamber Summons No. 215/2019 is made absolute in terms of
prayer clause (a) to the extent of condonation of delay of 182 days
and for filing Vakalatnama subject to cost of Rs.1,000/ (Rs. One
Thousand Only) to the plaintiff to be paid on or before next
date.
2) After compliance, Vakalatnama of defendant be taken on record.
3) Chamber Summons No. 215/2019, is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 07/11/2019
Dictated on : 07.11.2019
Transcribed on : 08.11.2019
Signed on : 08.11.2019
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4 Chamber Summons No.215/19
in Summary Suit No.518/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
08.11.2019 5.15 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 07.11.2019
Order signed by P.O. on 08.11.2019
Order uploaded on 08.11.2019
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