Final Order 1

Order Details: Chamber summons
Pdf Text: 1
MHCC010053072019
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1011 OF 2019
IN
SUMMARY SUIT NO. 170 OF 2021
M/s. M. D. Automac ...Plaintiff
V/s.
M/s. Shamvik Glasstech Pvt. Ltd. ...Defendant
Appearance :
Ld. Adv. D. A. Bhalerao for plaintiff.
Ld. Adv. B.K.Bali for defendant.
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 23/06/2022.
ORDER
The present chamber summons is taken out by the defendant
seeking condonation of delay of seven days in filing vakalatnama.
2. Perused chamber summons and affidavit in support of it. Heard
Ld. Advocate Mr.Bali for the defendant. He submits that writ of
summons was served on the defendant on 20/4/2019. The concerned
person who was conversant with the fact of the suit was on leave and
therefore he could not contact advocate within time, and thereby
caused delay of 7 days to file vakalatnama. He further submits that the
delay is not intentional and therefore such short delay occurred in filing
Vakalatnama be condoned and vakalatnama be taken on record.
-- 1 of 3 --
2
3. Plaintiff has resisted the present chamber summons by filing
detailed reply dated 23/06/2022. Ld. Advocate Mr.Bhalerao submits
that though the delay is of seven days, the reason mentioned for such
delay is unacceptable only because particular person from the company
is on leave does not mean that the other person cannot be authorized to
appear in the Court and file vakalatnama. He further submits that
reason being insufficient and improper, chamber summons be rejected.
4. It is not disputed that there is delay of seven days. It is further
needs to be noted that the chamber summons is filed on 07/5/2019 and
is being decided today after more than three years. Thus, seven days
delay cannot be said to be huge or fatal so as to prevent defendant
from causing his appearance. Though the plaintiff contents that reasons
is not sufficient , however the delay does not seems to be intentional or
deliberate. Delay being short and well explained needs to be condoned
in the interest of justice. In view of this, I pass following order.
ORDER
1. Chamber Summons No.1011/2019 is allowed in terms of prayer
clause (a).
2. Vakalatnama of defendant be taken on record.
3. Costs in cause.
4. Chamber Summons No. 1011/2019 is disposed of accordingly.
Date- 23/06/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai
Court Room No.61
Dictated on : 23/06/2022
Transcribed on : 24/06/2022
Signed on : 24/06/2022
-- 2 of 3 --
3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
24/06/2022 at 5.30 p.m. Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
23/06/2022
JUDGMENT/ORDER signed by P. O. on 24/06/2022
JUDGMENT/ORDER uploaded on 24/06/2022
-- 3 of 3 --