Final Order 1

Order Details: Chamber summons
Pdf Text: CH/s.IN Sum. S No.3522/13 Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.235 OF 2018
(CNR NO.MHCC010017252018)
IN
SUMMARY SUIT NO.3522 OF 2013
Orient Blackswan Private Limited
(Formerly known as Orient Longman
Pvt.Ltd.) having its registered address at
36752, Himayatnagar,
Hyderabad – 500029 (AP)
AND
Having its regional office at
Indian Marcantile Chamber, 14
R.Kamani Marg, Ballard Estate, Mumbai01
Through its assistant regional Operations Manager
Mr.M.K.Panicker. ...Plaintiff
V/s
Mrs.Kamlesh V.Shukla,
Prop.of M/s.Baisudh Books
Block No.1060, Room No.3, Near Swastik
Medical Store, Lakhamal Compound,
O.T.Section, Ulhasnagar – 421003. ...Defendant
AND
1(a) Mr.Veerprakash S.Shukla
1(b) Mr.Amit Veerprakash Shukla
1(c) Mr.Ankush Veerprakash Shukla
1(d) Mr.Mayank Veerprakash Shukla
1(e) Mr.Rahul Veerprakash Shukla ...Proposed Defendants
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CH/s.IN Sum. S No.3522/13 Order 2
Coram : His Honour Judge Shri M.M.UMAR
(C.R. No.28)
Dated : 13/11/2018
Adv. Mr.Ramanand Shikwal for plaintiff.
Adv. Mr.Karamchandani for defendants.
ORDER BELOW CHAMBER SUMMONS NO.235/17
1. This Chamber Summons is taken out by the plaintiff for
condoning the 97 days delay for filing the application to bring the
legal heirs of deceased defendant on record.
2. The proposed legal heirs of defendant have resisted the said
Chamber Summons by filing reply on record. Read the application
and reply.
3. Heard. The learned advocate for the plaintiff has submitted
that plaintiff came to know on 27/7/2017 that the defendant was
expired on 25/5/2017. Thereafter, the plaintiff has filed this
application on 31/1/2018. It is submitted that the plaintiff who
lodged the present suit is retired and Company appointed
Mr.Murlidhar as an Assistant Regional Operation Manager, as a
Power of Attorney holder. It is submitted that Mr.Murlidhar was busy
in office assignments and it was not possible for him to attend the
Court proceedings for taking out the appropriate steps in Court
proceeding. Therefore, the delay is caused for filing the application
for bringing the legal heirs of deceased defendant on record.
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CH/s.IN Sum. S No.3522/13 Order 3
Therefore, it is requested to allow the application and to condone the
delay.
4. Per contra, the learned advocate appearing for defendant
has submitted that no proper explanation is given for condoning the
delay and that there is a huge delay, therefore, it is requested to reject
the Chamber summons.
5. I have duly considered the above submissions of both the
sides. It is well settled that while considering the prayer for
condonation of delay, liberal approach to be adopted, duration of
delay is insignificant. It is for the Court to take into account if there is
an acceptable or pardonable explanation. It is also well settled that
the primary function of a Court is to adjudicate the dispute between
the contesting parties and to advance substantial justice. The rules of
limitation are not made to harm the valuable rights of the parties. The
discretion is given to the Court to condone the delay and that
discretion should be exercised to advance the substantial justice.
6. The reason given by the plaintiff for condoning the delay to
bring the legal heirs of the deceased defendant on record appears
genuine and reasonable one. There is no malafide intention or
inaction on the part of plaintiff to delay the proceedings. Hence, in
my opinion, this is a fit case in which it is just and desirable to
condone the delay. In the result, following order:
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CH/s.IN Sum. S No.3522/13 Order 4
ORDER
1. Chamber summons no.235/18 is allowed.
2. The delay caused in filing the application to bring the legal
heirs of deceased defendant on record, is hereby condoned.
3. Chamber Summons no.235/18 is disposed of accordingly.
(M.M.UMAR)
Judge,
13/11/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 13/11/18.
Date of Transcription : 13/11/18.
Date of signature : 17/11/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
17/11/2018 11.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
13/11/18
Judgment/order signed by P.O on 17/11/18
Judgment/order uploaded on 17/11/18
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