Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 348/2018 in Sum Suit no.1353/2017
MHCC010024592018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.348 OF 2018
IN
SUMMARY SUIT NO.1353 OF 2017
1. RAJSHREE CONSTRUCTION
A Firm,
2. RAJU B. ADVANI,
An Adult, carrying on business
as Builder Developer in the name
& Style of No.1, both having Office
At Mohan Mansion, Next to Mohan
Nagar, Gulmohar Road, Hill Road,
Chanabhatti, Sion, Mumbai … Applicants
In the matter between
NSS LOGISTIC INDIA PVT LTD
A Company Registered under the provisions
of the Companies Act and having it Registered
Office at Shetty House, Panchasheela Nagar,
Vasant Patil Marg, SionChunabhatti … Plaintiff
Versus
1. RAJSHREE CONSTRUCTION
A Firm,
-- 1 of 5 --
2 CS 348/2018 in Sum Suit no.1353/2017
2. RAJU B. ADVANI
An Adult, carrying on business as
Builder Developer in the name and
Style of No.1, both having Office
At Mohan Mansion, Next to Mohan
Nagar, Gulmohar Road, Hill Road,
Chanabhatti, Sion, Mumbai … Defendants
Appearance:
Advocate Kalpana Shah for plaintiff present.
Advocate Ganesh Singh for defendant No. 1 & 2 present.
Advocate for defendant no.1 present.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 26th July, 2022.
ORAL ORDER
1. The present Chamber summons is taken out by the
defendant for condonation of delay in filing the Vakalatnama. It
was submitted that the earlier advocate had not appeared and filed
VK in spite of their instructions. The defendants were under the
impression that the advocate appointed by them will take care of
the matter. However, they came to know that the earlier Advocate
had not filed appearance. After taking instructions from the new
Advocate the defendant filed the present Chamber summons.
There was delay of 26 days. However the delay was not
intentional on the part of defendant and therefore, the delay be
condoned.
-- 2 of 5 --
3 CS 348/2018 in Sum Suit no.1353/2017
2. The plaintiff filed reply and denied the contention of
defendant. It was submitted that the delay is not explained
properly and the defendant deliberately filed the present Chamber
summons only to delay the proceeding and therefore, the Chamber
summons be dismissed. The defendant was properly served but
still he failed to approach the court and to file appearance in the
matter. Hence the Chamber summons be dismissed.
3. Heard Learned Advocates for both parties. Admittedly
there is delay in filing the vakalatnama and appearance in the
present matter. The reason of delay cited by defendant appears to
be genuine and reasonable. The delay whichever caused does not
appear to be deliberate and intentional. The defendant wants to
make appearance to defend the matter. It therefore seems that in
order to decide the real controversy between the parties it would
be necessary to allow the defendants to file his vakalatnama. If
the delay is not condoned, the defendant will suffer serious
prejudice, whereas no such harm would be caused to the plaintiff.
Considering the nature of the suit an opportunity must be given to
the defendant to make appearance and proceed with the matter.
The delay being properly explained, there appears to have been
sufficient cause and therefore, the delay is condoned. I, therefore,
proceed to pass the following order:
-- 3 of 5 --
4 CS 348/2018 in Sum Suit no.1353/2017
ORDER
1. The Chamber Summons No.348 of 2018 is allowed subject
to costs of Rs. 1000/ to be paid to the plaintiff within 1
month of this order.
2. On payment of costs the delay in filing Vakalatnama is
condoned.
3. The defendants shall file their vakalatnama on next date
without fail.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date: 26072022 City Civil Court, Gr. MUMBAI
Directly typed on : 26072022
Signed on : 26072022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 4 of 5 --
5 CS 348/2018 in Sum Suit no.1353/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20082022 at 01.20 pm
UPLOAD DATE AND TIME
(SIDDHESH S. SHIRKE)
NAME OF TYPIST
Name of the Judge HHJ SMT. R. K.
KSHIRSAGAR
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
26072022
Judgment/order signed by P.O. on 26072022
Judgment/order uploaded on 20082022
-- 5 of 5 --