Final Order 1

Order Details: Chamber summons
Pdf Text: Order 1 Ch/s No. 169 of 2018
in Summ. Suit No. 541 of 2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.169 of 2018
IN
SUMMARY SUIT NO.541 of 2017.
M/s. Pahwa and Pahwa Press Ltd. ... Plaintiff
V/s.
M/s. Max Publicity Outdoor
Advertising Agency and Ors. ... defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 06.03.2020
Advocate, Satish Thakur for plaintiff absent.
Advocate, Prachi Bhujbal for defendant.
ORDER
This is a Chamber Summons taken out by the defendant No.1 to 3
and 5 for condonation of delay for filing vakalatnama and appearance
on record. The plaintiff has filed reply to the same.
2. Perused the Chamber Summons and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendants that during the relevant period
the summons envelop were received by defendants companies Mumbai,
Gurgaon and Bangalore Branches and thereafter the envelop kept aside
by the company officials for tendering it to respective defendants who
were traveling out of station for official work. Therefore, delay is caused
for filing vakalatnama and appearance on record in this suit.
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2 N/M No. 169 of 2018
in Suit No. 541 of 2017
4. Considering the submissions made by the advocates of the
plaintiff and on perusal of reason stated in the Chamber Summons this
court holds that delay for filing vakalatnama and appearance on record
is caused as these defendants were out of station for the official work.
The reason given by the defendant No.1 to 3 and 5 for delay is
satisfactory. The delay caused for filing vakalatnama and appearance his
explained properly.
5. In these backgrounds, the Chamber Summons deserves to be
allowed in the interest of justice and in consequence allowing the
defendant No.1 to 2 to file vakalatnama and appearance on record of
the suit. Hence, the order. :
ORDER
1. The Chamber Summons no.169 of 2018 is allowed
subject to cost of Rs.1,500/-. The cost shall be paid by
the defendant No.1 to 3 and 5 to the plaintiff on or
before next date.
2. The defendant No. 1 to 3 and 5 are granted permission
to file vakalatnama and appearance on record in the
interest of justice on payment of cost to the plaintiff.
3. The Chamber Summons No. 169 of 2018 is disposed off.
(S.G.Shaikh)
Judge,
Date :06.03.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on :06.03.2020.
Signed on :06.03.2020.
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3 N/M No. 169 of 2018
in Suit No. 541 of 2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(typist)
06.03.2020 05.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 06.03.2020
Order signed by P.O. on 06.03.2020
Order uploaded on 06.03.2020
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