Final Order 1

Order Details: Chamber summons
Pdf Text: CH.S1008-19 SUM SUIT.69-2019 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1008 OF 2019
IN
SUMMARY SUIT NO. 69 OF 2019
CNR.NO.MHCC010052982019
Modern Machinery Manufacturing & Ors. ....Applicant
(Orig.Defendants)
In the matter of :
BHUMI IMPEX ...Plaintiff
V/s.
Modern Machinery Manufacturing Co.& Ors. ....Defendants
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATED : 31st July 2019
Advocate Mr.Tanna for Plaintiff.
Advocate M/s.S.K.Electricwalla for Defendants.
ORDER
This is chamber summons for condonation of delay to file
vakalatnama on behalf of defendants.
2. Heard Ld.counsel for defendants and Ld.counsel for plaintiffs.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
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CH.S1008-19 SUM SUIT.69-2019 2
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of filing
vakalatnama?
Yes
2. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 & 2
4. Ld.counsel for defendants had submitted that they are not very
well acquainted with the procedure of law and after service of writ of
summons the defendants were taken diligent steps to find the advocate
to represent them. After much deliberation the present advocates were
appointed and therefore there was delay in filing vakalatnama.
5. The plaintiff has resisted this application by filing reply. Their
Ld.counsel submitted that ignorance of law is no defence. The
defendants have not explained day to day delay. The defendants have
vaguely claimed condonation of delay. The defendants have neither
sought setting aside of exparte order which are passed by this court.
Therefore, the chamber summons is to be rejected.
6. It is undisputed that there is delay in filing of vakalatnama. From
the record it can be seen that defendants are situated at Gujrat. Though
ignorance of law is no defence but it can be believed that the
defendants spent some time in appointing an advocate, this reason is
satisfactory as the defendants have to decide the best advocates who
can represent them before the court in best possible manner. Without
taking hyper technical view the delay of 26 days can be condoned
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CH.S1008-19 SUM SUIT.69-2019 3
subject to cost. As far as the setting aside of exparte order is concerned
once this chamber summons is allowed automatically exparte order has
to be set aside. Accordingly,point No.1 is answered as 'Yes' and
following order is passed.
ORDER
1. Chamber summons No.1008/2019 is allowed.
2. The delay of 26 days to file vakalatnama by defendants is
condoned subject to cost of Rs.2,000/ (Rs.Two Thousand only)to be
paid to the plaintiff.
3. On payment of cost vakalatnama shall be taken on record.
4. The exparte order dated 01/04/2019 is set aside.
5. Chamber summon No.1008/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:31/07/2019 City Civil Court,Gr. Bombay
Dictated on : 31/07/2019
Transcribed on : 02/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/09/2019 at 3.00p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
31/07/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 17/09/2019
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CH.S1008-19 SUM SUIT.69-2019 4
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