Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.608/19
in Summary Suit No.309/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 608 of 2019
(CNR NO. : MH CC010030772019)
IN
SUMMARY SUIT NO.309 OF 2018
Mr.Rameshwar Prabhuji Joshi
B302, 3 rd floor, Jain Park, Shet
Moti Shah Road, Love Lane,
Byculla (East), Mumbai400 027. … Plaintiff
Vs.
1. Mr. Lalit Kumar Jain
2. K.K.Erector c/o Kumar Builders
Both having address at 10th floor,
Kumar Business Centre, Bund
Garden Road, Pune 411 001. ...Defendant
Appearance:
Learned Advocate Ms. Priyanka Mahadeshwar for the Plaintiff.
Learned Advocate Mr. Lad for the defendant.
CORAM : HER HONOUR ADHOC CIVIL JUDGE
SMT. C.P.JAIN (C.R.NO.40)
DATED : 20th November, 2019.
ORDER
1. This of Chamber summons is taken out by Defendants
praying for condonation of delay caused in filing their appearance and
to accept their Vakalatnama in the suit.
2. In the affidavit filed along with the Chamber summons,
Defendants have averred that they were busy in the merger proceeding
of Defendant no.1. The writ of summons was received by employee of
Defendant on 27.08.18. Defendant No.1 was not available in Pune
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2 Chamber Summons No.608/19
in Summary Suit No.309/2018
office in the month of October 2018 and he was working at Mumbai
office till end of February 2019. All the documents were transferred
from Mumbai to Pune and Defendant No. 1 was busy in said process.
Defendant No. 1 received the Writ of summons on 04.03.19.
Immediately thereafter, Defendant No. 1 contacted and gave
instructions to move this Chamber Summons. Delay of 186 days is
caused in filing appearance/ Vakalatnama. Therefore, they have prayed
for allowing Chamber Summons for condoning the delay and accepting
their Vakalatnama.
3. Plaintiff has filed the reply at Exhibit 6. According to him,
Defendants were very well aware about the writ of summons served on
27.08.18. Despite having knowledge and getting sufficient time,
Defendants have deliberately and negligently failed to file written
statement within time. No valid ground is made out to allow the
Chamber Summons. The delay is not satisfactorily explained. Therefore,
reasons given for nonappearance in time in Chamber Summons cannot
be accepted. Plaintiff has denied rest of the averments in Chamber
Summons and prayed for dismissal of same.
4. Heard both the learned Advocates. Perused the proceeding.
It is not denied that National Company Law Tribunal had passed order
dated 22.10.2018 of merging of companies of Kumar group into Kumar
Urban Development Pvt. Ltd. Though the averments in Chamber
Summons are denied, there is nothing on record to disbelieve that
Defendant No. 1 was busy in merger proceeding of Defendant No.1
company. Therefore, the averments of defendant No.1 on this factum
needs to be believed.
5. The further averments in Chamber Summons that the
employee of Defendants have received the Writ of Summons and the
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in Summary Suit No.309/2018
Defendants were not aware about the Writ of Summons is also not
thrashed by bringing any primefacie evidence on record by Plaintiff. In
such scenario, the averments in the Chamber Summons needs to be
believed.
6. If the Notice of Motion is allowed and Defendants are given
opportunity to contest the suit, it will be in the interest of either parties.
All the grievances between both the parties with respect to the dispute
in summary suit will come to end. Therefore, allowing Notice of Motion
will be in the interest of both the parties. At the most, the inconvenience
caused to the Plaintiff can be compensated by saddling costs upon
defendants. Resultantly, I proceed with following order.
ORDER
1. Chamber Summons No. 608/2019 is allowed subject to costs of
Rs. 3000/ to be paid by defendants to plaintiff on or before next
date.
2. After deposition of costs, the delay caused in appearance of
defendants shall stand condoned and vakalatnama of defendants
be accepted on record.
3. Chamber Summons No. 608/2019 is accordingly disposed of.
(C.P.Jain)
Adhoc Civil Judge
City Civil Court,
Gr. Bombay
Date : 20/11/2019
Dictated on : 20.11.2019
Transcribed on : 22.11.2019
Signed on : 25.11.2019
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