Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. Sum. No.500/2019 in Sum. Suit No.1439/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 500 OF 2019
CNR NO.: MHCC010024052019
IN
SUMMARY SUIT NO. 1439 OF 2018
Ahuja Properties and Associates and others ]….Applicants
(Org. Defendants)
IN THE MATEER OF BETWEEN
Gutka Food and Nut Importers ]...Plaintiff
V/s.
Ahuja Properties and Associates and others ]...Defendants.
Appearances:
Advocate Ms. Disha Vardhan for the plaintiff.
Advocate Mrs. Manisha Karkar for the defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 26th MARCH, 2019.
ORAL ORDER
1. Defendant has stated that the dispatch clerk of their Office
handed over the Writ of Summons along with the papers and
proceedings to the Legal Department and thereafter, on 10th January,
2019, Writ of Summons was forwarded to the Advocate with
instructions to prepare Vakalatnama. Defendant has further stated that
the Advocate forwarded the Vakalatnama for obtaining signature of the
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:2: Ch. Sum. No.500/2019 in Sum. Suit No.1439/2018
defendants but the defendant was travelling and was not available in
Mumbai and therefore, he could not sign the Vakalatnama. Defendant
has prayed to condone delay of 36 days in filing Vakalatnama.
2. Ld. Advocate for the plaintiff has filed reply to this Notice of
Motion and stated that Summons were duly served on time but
defendant purposefully delaying the matter and cost may be imposed
on defendant.
3. Defendant has stated that he was travelling and was not
available in Mumbai and therefore, he could not sign the Vakalatnama.
Considering the such reasons it appears delay is not intentional. But for
delay caused plaintiff has to be compensated. Hence, following order :
O R D E R
1. Chamber Summons No.500/2019 is allowed, subject to cost of
Rs.300/ to be given by defendants to plaintiff.
2. Chamber Summons No.500/2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 26.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 26.03.2019
Transcribed on : 26.03.2019
Signed on : 26.03.2019
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:3: Ch. Sum. No.500/2019 in Sum. Suit No.1439/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30.03.2019 At 12:48 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
26.03.2019
Judgment/Order signed by P.O. on 26.03.2019
Judgment/Order uploaded on 30.03.2019
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