Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.842/19
in Summary Suit No.324/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.842 of 2019
(CNR NO. MH CC010042882019)
In
SUMMARY SUIT NO.324 OF 2018
M/s. Satyen Polymers Pvt. Ltd
A Company incorporated under the
provisions of the Companies Act, 1956
having its registered office at 307, A to Z
Industrial Premises, G.K. Marg,
Lower Parel, Mumbai – 400 013 ….Plaintiff
V/s.
1) JSK Medley,
A Partnership Firm having its registered
address at Bhagvati Industrial Estate,
Near Bhestan Cross Road, Bhestan,
Surat 394 110
2) Mr. Rameshbhai N. Sondagar,
Age : Adult, Indian Inhabitant,
Partner of JSK Medly, having
his address at Bhagvati Industrial,
Near Bhestan Cross Road,
Bhestan, Surat 394 110
3) Mr. Deepak Suthar,
Age : Adult, Indian Inhabitant,
Partner of JSK Medly, having
his address at 1301/B,
Nilkanth Residency, Palgam,
Adajan, Surat 394 110. ....Defendants
Appearance:
Ms. Nisha Shah, Advocate for the Plaintiff.
Mr. M.A. Shah, Advocate for the defendants
.
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2 Chamber Summons No.842/19
in Summary Suit No.324/2018
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 17 th October, 2019.
ORDER
1. This Chamber Summons is taken out by defendant Nos. 1 to
3 for setting aside Exparte Order dated 20.02.2019 and for condonation
of delay of 56 days in filing the Vakalatnama.
2. In the Affidavitinsupport of chamber summons it is
contended that address of defendant Nos. 1 to 3 mentioned in the cause
title are incorrect. The writ of summons were served on 12.01.2019. As
the defendants are situated at Hyderabad, they were pre occupied with
business commitments and had to travel, the same consumed time and
therefore could not make any arrangement to appoint an Advocate at
Mumbai to represent them in the suit. On 14.03.2019, the defendants
could contact their Advocate and on perusal of papers he informed to
them that on 20.02.2019 Exparte Order was passed. The plaintiff has
accepted the amount of Rs.1,00,000/ from the defendant No.1 on
10.09.2018 but has not made necessary amendment in the plaint. The
cause title of the plaint shows incorrect address of the defendants at
Surat. Therefore, it is prayed that chamber summons be made absolute
in terms of prayer clause (a) and (b).
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3 Chamber Summons No.842/19
in Summary Suit No.324/2018
3. To this chamber summons reply is filed by Advocate for
plaintiff on the reverse page of chamber summons and it is submitted
that by imposing cost on defendants the chamber summons be allowed.
4. Heard both sides. Perused the record. It is undisputed that
Exparte Order was passed against the defendants on 20.02.2019 and the
present chamber summons is filed on 18.07.2019. The address of the
defendants mentioned in cause title of the plaint and affidavit of
defendant No.2 is different. The writ of summons was served on the
defendants at the address of Hyderabad. The reason mentioned in the
chamber summons for setting aside Exparte Order and condonation of
delay of 56 days in filing Vakalatnama that they tried to search for an
Advocate at Mumbai and considering their residence at Hyderabad, they
were pre occupied with business commitment, appears to be sufficient
cause for condonation of delay in the interest of justice. Further more,
no prejudice will cause to plaintiff, if Exparte Order is set aside and
delay of 56 days is condoned in filing Vakalatnama. Learned Advocate
for plaintiff has taken formal objection for allowing the chamber
summons. However, for the delay caused on behalf of defendants,
plaintiff should be compensated sufficiently. Resultantly, I pass
following order.
ORDER
1) Chamber Summons No.842/2019 is made absolute in terms of
prayer clause (a) and (b) subject to cost of Rs.500/ (Rs. Five
Hundred Only) to the plaintiff on or before next date.
2) After compliance, the vakaltnama of defendants be taken on
record.
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4 Chamber Summons No.842/19
in Summary Suit No.324/2018
3) Chamber Summons No.842/2019, is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 17/10/2019
Dictated on : 17.10.2019
Transcribed on : 18.10.2019
Signed on : 19.10.2019
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5 Chamber Summons No.842/19
in Summary Suit No.324/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
23.10.2019 11.55 a.m. Ms. Ujwala J. Bhagat
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 17.10.2019
Order signed by P.O. on 19.10.2019
Order uploaded on 23.10.2019
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