Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. S. No.797/2019 in Sum. Suit No.43/2019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBR SUMMONS NO. 797 OF 2019
CNR NO.: MHCC010039802019
IN
SUMMARY SUIT NO. 43 OF 2019
M/s. Shankeshwara Food Product Pvt. Ltd. ...Plaintiff
Versus
Mr. Chandra Mohan ...Defendant.
Appearances:
Advocate Kukreja for the plaintiff.
Advocate Ms. Vrushali Ghorpade for defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 10th APRIL, 2019.
ORAL ORDER
1. Defendant has stated that he is 61 years old person and suffering
from heavy diabetes and hyper tension since 20 years. Defendant has
further stated that in the year 2017, he was diagnosed with a serious
Heart Disease for which he underwent a heart surgery. Defendant has
further stated that in the year 2018, he started suffering acute back pain
due to the problem of spine. Defendant has further stated that he
cannot even stand for more time. Defendant has further stated that on
9th February 2019 he underwent a cataract surgery on his left eye and
another cataract on right eye was scheduled in March. He has further
stated that due to these reasons he could not appear in the suit.
2. Ld. Advocate for the plaintiff filed reply to this Chamber
-- 1 of 3 --
:2: Ch. S. No.797/2019 in Sum. Suit No.43/2019
Summons and stated that Writ of Summons were served upon
defendant on 28.01.2019 and not on 31.01.2019. Plaintiff has further
stated that the copy of RPAD card bears the signature of the defendant's
representative. Plaintiff has further stated that the cataract surgery is
not a major surgery by any means. Plaintiff has further stated that
defendant has not produced any proof to show that the defendant's
movements are restricted and prayed for rejection of application.
3. It appears defendant is 61 years old person and was suffering
from heavy diabetes problem and suit summons was served upon
defendant on 28.01.2019 as per postal acknowledgment through his
representative. It appears present Chamber Summons is filed on
28.02.2019. Hence, considering the period of delay and Medical Papers
on record and fact that defendant is a old person not keeping good
health, in the circumstances of this case, it appears delay on part of
defendant is not intentional. But at the same time considering the
circumstances of this case, it appears delay can be condononed subject
to compensatory cost to be given to plaintiff. Hence, following order :
ORDER
1. Chamber Summons No. 797 of 2019 is allowed, subject to cost of
Rs.500/ to be given by defendant to plaintiff.
2. Chamber Summons No. 797 of 2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 10.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 10.04.2019
Transcribed on : 10.04.2019
Signed on : 10.04.2019
-- 2 of 3 --
:3: Ch. S. No.797/2019 in Sum. Suit No.43/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12.04.2019 At 1:29 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
10.04.2019
Judgment/Order signed by P.O. on 10.04.2019
Judgment/Order uploaded on 12.04.2019
-- 3 of 3 --