Final Order 1

Order Details: Chamber summons
Pdf Text: CH.S.555-19 SUM SUIT NO.762-2018 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 555 OF 2019
IN
SUMMARY SUIT NO. 762 OF 2018
(CNR.NO.MHCC010027172019)
Navnit Radhakishan Loya ....Plaintiff
Versus
M/s.Royal Dyers & Anr. ....Defendants
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATED : 31st July 2019
Advocate Mr.Mahesh Devani for Plaintiff.
Advocate Mr.Gupta for Defendants.
ORDER
This is chamber summons for condonation of delay of 36 days in
filing vakalatnama.
2. Heard Ld.counsel for defendants 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 36 days
for filing vakalatnama?
Yes
2. What order ? As per final order
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CH.S.555-19 SUM SUIT NO.762-2018 2
REASONS
AS TO POINT NOS.1 & 2
4. Ld.counel for defendants has submitted that defendant No.2 is
proprietor of defendant No.1. On 23/01/2019 defendant No.2 had gone
to U.P. to visit his old aged mother. On 03/03/2019 defendant No.2
returned back to Mumbai therefore, there was delay of 36 days to file
vakalatnama.
5. This chamber summons is resisted by plaintiff by filing reply. The
Ld.advoate for plaintiff has submitted that it was duty of the defendant
to explain day to day delay. The defendant has not file any documents
to show that he had gone to UP to visit his old ailing mother.
Therefore, application be rejected.
6. It is undisputed that there is delay of 36 days in filing
vakalatnama. Though defendant has not filed any supporting
documents to claim that he had visited to UP but without taking any
hyper technical view and to give a fair chance to defendant to further
contest the suit point No.1 is answered as 'Yes' and following order is
passed.
ORDER
1. Chamber summons No.555/2019 is allowed.
2. The delay of 36 days to file vakalatnama by defendants is
condoned subject to cost of Rs.3,000/(Rs.Three Thousand only) to be
paid to the plaintiff.
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CH.S.555-19 SUM SUIT NO.762-2018 3
3. On payment of cost vakalatnama shall be taken on record.
4. Chamber summon No.555/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:31/07/2019 City Civil Court,Gr. Bombay
Dictated on : 31/07/2019
Transcribed on : 01/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/09/2019 at 1.30p.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
31/07/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 17/09/2019
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