Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch.Sum. No.492/2018 in Sum. Suit No.815/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 492 OF 2018
CNR NO.: MHCC010034712018
IN
SUMMARY SUIT NO. 815 OF 2017
M/S. TPL PLASTECH LTD. ...Plaintiff
Versus
M/S. MAYFAIR BIOTECH PVT. LTD. and others ...Defendants.
Appearances:
Advocate Mr. Sarang R. Satpute for the plaintiff.
Advocate Ms. Qureshi for defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 20th JUNE, 2019.
ORAL ORDER
1. Defendant has stated that the Writ of Summons were received by
defendants Company at their Corporate Office, but at the relevant time
neither Directors of the Company i.s. defendant Nos. 2 and 3 were not
at Mumbai Office at the Company and were at Registered Office of the
Company situated at District Una in Himachal Pradesh. It is further
stated that plaintiff is well aware this fact, but plaintiff has served the
Writ of Summons at the Chembur Office of the Company and therefore
after the receipt of Summons at Chembur Office, it took a substantial
time to intimate this fact to the Registered Office of the Company. It is
further stated that thereafter the Company has tried to contact their
earlier Advocate. However, due to accident of the brother of the
Advocate of the Company, the Advocate was busy in the Medical
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:2: Ch.Sum. No.492/2018 in Sum. Suit No.815/2017
Treatment of his brother and the Company could not take the steps in
filing Vakalatnama. It is further stated that it took time to convey the
Board Meeting and to pass the Resolution regarding authorizing the
representative of the Company who shall represent the Company in the
Court which resulted in the delay in filing Vakalatnama before the
Court.
2. Plaintiff has filed reply to this Chamber Summons and stated
that the defendants were served with Writ of Summons in the month of
August, 2017 and inspite of receipt of the Court Summons, the
defendants deliberately and intentionally failed, neglected and avoided
to appear before the Court. Plaintiff has further stated that the
defendant being Pvt. Ltd. Company could have been easily manage to
make available any other authorized persons on behalf of the defendant
Company to appear and represent them before the Hon'ble Court. But
inspite of having knowledge of the procedure in respect of the said Writ
of Summons, the defendants deliberately failed to appear before the
Court. Plaintiff has denied all the contentions of defendants. Plaintiff
has stated that defendants have failed to explain the time period of the
events mentioned in their Chamber Summons and prayed for rejection
of the application.
3. According to defendants, they are having Registered Office at
Himachal Pradesh, but it is also pertinent to see that they are having
Office at Mumbai. Defendants have not denied that Writ of Summons
were received at their Chembur Office. According to defendants, it took
substantial time to communicate the fact on receipt of Summons and
further their earlier Advocate was busy due to his brother's injury.
Considering the facts that defendant is the Company and it is situated in
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:3: Ch.Sum. No.492/2018 in Sum. Suit No.815/2017
another State and delay is of some months, it appears delay is not
intentional. But considering the reason stated for the delay, it appears
for the delay caused by defendants it will be proper to grant application
subject to cost to be given plaintiff. Hence, following Order :
O R D E R
1. Chamber Summons No.492 of 2017 is allowed, subject to cost of
Rs. 10,000/ to be given by defendants to plaintiff.
2. Chamber Summons No. 492 of 2017 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 20.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 20.06.2019
Transcribed on : 20.06.2019
Signed on : 20.06.2019
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:4: Ch.Sum. No.492/2018 in Sum. Suit No.815/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
26.06.2019 At 4:14 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
20.06.2019
Judgment/Order signed by P.O. on 20.06.2019
Judgment/Order uploaded on 26.06.2019
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