Final Order 1

Order Details: Chamber summons
Pdf Text: Ch.s 1041/19 Sum.Suit 100046-19 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1041 OF 2019
IN
SUMMARY SUIT NO. 100046 OF 2019
(CNR.NO.MHCC010055222019)
Kerry Ingredients Pvt.Ltd. .....Plaintiff
V/s.
Fizzy Foodlabs Pvt.Ltd. ....Defendant
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATED : 5th JULY 2019
Advocate Mr.Kapadia for plaintiff.
Advocate Mr.Jain for defendant.
ORAL ORDER
1. This is chamber summons for condoning delay of 6 days to
file vakalatnama by the defendant.
2. Hear Ld.counsel for defendant and plaintiff.
3. From the material on record following points arise for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether there are sufficient cause
to condone the delay of 6 days to file
vakalatnama?
Yes
2. What order? As per final order
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Ch.s 1041/19 Sum.Suit 100046-19 2
REASONS
AS TO POINT NOS.1&2.
4. The Ld.counsel for defendant submitted that due to summer
vacation he could not file vakalatnama within time as the advocates
were out of station.
5 Ld.counsel for plaintiff has submitted that the reasons are not
satisfactory and application be rejected.
6. It is undisputed fact that defendant has not filed his appearance
within time and there is delay of 6 days to file appearance. The reason
stated by defendant is satisfactory . The delay can be compensated in
terms of money therefore, point No.1 is answer as Yes and following
order is passed.
O R D E R
1. Chamber Summons No.1041/2019 is hereby allowed.
2. The delay of 6 days to file vakalatnama is condoned subject to
cost of Rs.500/ to be given to the plaintiff. On payment of cost
vakalatnama to be taken on record.
3. Chamber Summons No.1041/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date : 05/07/2019 City Civil Court, Gr. Bombay
Dictated on : 05/07/2019
Transcribed on : 06/07/2019
Signed on : 08/07/2019
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Ch.s 1041/19 Sum.Suit 100046-19 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
10/07/2019 4.20p.m. Mrs.J.V.Pawar
Name of the Judge HHJ Shri M.S.Lone(CR No.28)
Date of Pronouncement of
Judgment/Order.
05/07/2019
Judgment/order signed by P.O on 08/07/2019
Judgment/order uploaded on 10/07/2019
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