Final Order 1

Order Details: Chamber summons
Pdf Text: CH.S 1017/19 SUM.SUIT 1482/18 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1017 of 2019
IN
SUMMARY SUIT NO.1482 of 2018
(Under Order XXXVII Rule 2 of the Code of Civil Procedure, 1980)
(CNR.NO.MHCC010053492019)
Rajjabali Mukadam & Anr. .....Plaintiffs
V/s.
Essar Project Limited & Ors. ....Defendants
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATE : 15TH JULY 2019
Advocate Ms.Mansi Jaiswal for plaintiffs.
Advocate Mr.Pratik Amin for defendants.
ORAL ORDER
1. This chamber summons is filed for condonation of delay of 10
days to file appearance of defendant No.4.
2. Heard the Ld.Counsel for defendant No.4 and plaintiffs.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether there is sufficient
reason to condone the delay of 10
days to file appearance?
Yes
2. What order? As per final order
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CH.S 1017/19 SUM.SUIT 1482/18 2
REASONS
AS TO POINT NOS.1&2.
4. Ld.Counsel for defendant No.4 has submitted that defendant No.2
is a company which has gone under liquidation. Defendant No.4 is its
director. After receipt of summons there was delay to take legal advice
and therefore appearance could not be filed within time.
5. The Plaintiff has resisted this application by filing reply below
this application. Their Ld.counsel has submitted that the delay has not
been explained by defendant No.4 and therefore, this application should
be rejected.
6. Delay is only of 10 days. The defendant No.4 has given
satisfactory reasons in his affidavit in support of chamber summons.
Without taking higher technical view and given chance to contest the
suit to defendants it will be just and proper. As far as delay is concerned
that can be compensative in terms of money. Accordingly, point No.1 is
answered s 'Yes' and following order is passed.
O R D E R
1. Chamber Summons No.1017/2019 is hereby allowed.
2. Delay of 10 days to file appearance/Vakalatnama by defendant
No.4 is condoned subject to cost of Rs.1500/ to be paid to otherside.
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CH.S 1017/19 SUM.SUIT 1482/18 3
3. On the payment of cost the Vakalatnama shall be taken on
record.
4. Chamber Summons No.1017/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 15/07/2019 City Civil Court,Gr. Bombay
Dictated on : 15/07/2019
Transcribed on : 17/07/2019
Signed on : 17/07/2019
ERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/07/2019 at 10.15p.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
15/07/2019
Judgment/Order signed by P.O. on 17/07/2019
Judgment/Order uploaded on 24/07/2019
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