Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch.Sum. No.576/2018 in Sum. Suit No.759/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 576 OF 2018
CNR NO.: MHCC010039602018
IN
SUMMONS FOR JUDGMENT NO. 17 OF 2018
IN
SUMMARY SUIT NO. 759 OF 2017
Perfect Carbouys Pvt. Ltd. ...Plaintiff
Versus
M/S Lakeland Chemicals (I) Ltd., ...Defendant.
Appearances:
Advocate Mr. Milind T. Shewale for the plaintiff.
Advocate Mr. Ram Mohite for defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 19th JUNE, 2019.
ORAL ORDER
1. Defendant has stated that since 89 months all the management
and the staff of the defendant were concentrating on the completion of
formalities pertaining to construction of affluent treatment plant at
defendant' Company at Khalapur. Defendant has further stated that the
defendant could not take any steps to give instruction to the Advocate
for filing of leave to defend. Defendant has further stated that all the
staff of the defendant company were involved in the aforesaid work and
prayed for condonatioin of delay of 46 days in filing reply for Summons
for Judgment.
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:2: Ch.Sum. No.576/2018 in Sum. Suit No.759/2017
2. Plaintiff has filed reply to this Chamber Summons and stated
that the deponent of the affidavit in support of the Chamber Summons
has no authority to represent the defendant on the basis of Power of
Attorney dated 08.08.2017 as the Power of Attorney is not supported by
any Board Resolution of defendant. Plaintiff has further stated that the
defendant has failed to show the sufficient cause for condonation of
delay and denied all the contentions of defendant.
3. Considering the facts that defendant is the Company and Power
of Attorney produced regarding deponent and the reasons stated that
the Company staff were busy in a particular work and that the delay is
of 46 days, in the circumstances of this case, it will be in the interest of
justice to allow defendant to file reply and fight case on merits. Hence,
following order:
O R D E R
1. Chamber Summons No.576 of 2018 is allowed, subject to cost of
Rs.3000/ to be given by defendant to plaintiff.
2. Chamber Summons No.576 of 2018 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 19.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 19.06.2019
Transcribed on : 19.06.2019
Signed on : 19.06.2019
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:3: Ch.Sum. No.576/2018 in Sum. Suit No.759/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24.06.2019 At 2:18 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
19.06.2019
Judgment/Order signed by P.O. on 19.06.2019
Judgment/Order uploaded on 24.06.2019
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