Interim Order 1

Order Details: Chamber summons
Pdf Text: Ch/S No. 272 of 2019
in Suit No. 203 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.272/2019
IN
SUIT NO.203/2017.
State Bank of India ... Plaintiff
V/s.
Dinesh Kailash Malhotra. ….Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20.01.2020
Ms.Prasanna h/f Adv Santosh Sanjkar, Advocate for plaintiff.
Mr. Sameer Khadekar, Advocate for defendant.
ORDER
This is a chamber of summons taken out by the defendant
for condonation of delay for filing his appearance and vakalatnama of
his advocate on record. The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant that the writ of summons served
on 04.01.2019 on the defendant and it was accepted by his family
member. It was informed by his family member that after three days
and hence delay was caused for appearing and filing vakalatnama
within the stipulated period.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant this court holds that the defendant was
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2 Ch/S No. 272 of 2019
in Suit No. 203 of 2017
unable appeared in stipulated time due to the belated information
about the writ of summons. The reason given by the defendant for
delay is satisfactory. The delay caused for filing appearance and
vakalatnama is not delibrate.
5. In these backgrounds, the Chamber Summons deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file vakalatnama on record of this suit. Hence, the
order. :
ORDER
1. The Chamber Summons no.203 of 2017 is allowed.
2. The defendant is granted permission to put his
appearance and vakalatnama in this suit.
3. Chamber Summons No. 203 of 2017 is disposed off.
(S.G.Shaikh)
Judge,
Date:20.01.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 20.01.2020
Signed on :
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3 Ch/S No. 272 of 2019
in Suit No. 203 of 2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
23.01.2020 at 01.40 pm. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 20.01.2020
Order signed by P.O. on 20.01.2020
Order uploaded on 23.01.2020
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