Final Order 1

Order Details: Chamber summons
Pdf Text: Ch.s.265/19 Sum.Suit 990/18 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.265 OF 2019
IN
SUMMARY SUIT NO. 990 OF 2018
(CNR NO.: MHCC010016792019)
Spartan Engineering Industries Pvt.Ltd. ...Plaintiff
Versus
Sahil Gupta ….Defendant
Appearances:
Advocate Mr.Santosh S.K.for the Defendant.
Advocate Mr.Jagdish Nagar for the Plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 9TH SEPTEMBER 2019
ORDER
This is chamber summons for condonation of delay of 78 days to
file appearance.
2. Heard 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 of 78 days to
file appearance?
Yes
2. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.Counsel for defendant has submitted that defendant is
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Ch.s.265/19 Sum.Suit 990/18 2
resident of Delhi. The suit summons was served on one Mr.Suresh. He
informed the defendant after some days about the summons.
Thereafter, defendant inquired about advocate and in that process there
was delay in filing appearance therefore, this application.
5. The Ld.counsel for plaintiff has replied to this application and had
stated that deliberately the vakalatnama is not filed within time by the
defendant therefore, their application be rejected.
6. From the record it can be seen that there is delay of 78 days to
file vakalatnama on behalf of defendant. The defendant has taken
ground of workload. Without taking any harsh view and as defendant is
interested to contest this suit it will be proper to give defendant a fair
chance. The delay can be compensated. Therefore, point Nos. 1 is
answered as 'Yes' and following order is passed.
ORDER
1. Chamber Summons No.265/2019 is allowed.
2. The delay of 78 days to file appearance of defendant is condoned
subject to cost of Rs.1500/ to be paid to plaintiff.
3. On payment of cost, vakalatnama shall be taken on record.
4. Chamber Summons No.265/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 09/09/2019 City Civil Court,Gr. Bombay
Dictated on : 09/09/2019
Transcribed on : 11/09/2019
Signed on : 11/09/2019
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Ch.s.265/19 Sum.Suit 990/18 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/09/2019 at 12.30p.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
09/09/2019
Judgment/Order signed by P.O. on 11/09/2019
Judgment/Order uploaded on 16/09/2019
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