Final Order 1

Order Details: Chamber summons
Pdf Text: CH.S.NO.1072/19 SUM.SUIT 455/19 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.1072 of 2019
IN
SUMMARY SUIT NO. 455 of 2019
(CNR NO.: MHCC010058172019)
Kapurchand Maheshwari ...Plaintiff
Versus
Mr.Rajkumar Mantri ….Defendant
Appearances:
Advocate Mr.Maheshwari for the Plaintiff.
Advocate Ms.Neelam Yadav for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 3RD SEPTEMBER 2019
ORDER
This is chamber summons for condonation of delay of 35 days to
file appearance.
2. Heard Ld.counsel for defendant, perused written notes of
arguments filed by Ld.Counsel for defendant and heard Ld.counsel for
plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
-- 1 of 3 --
CH.S.NO.1072/19 SUM.SUIT 455/19 2
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of 35 days to
file appearance?
Yes
2. What order ? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.Counsel for defendant has submitted that the copy of suit
summons was served on 16/04/2019. However, the defendant is
layman and of 60 years age. Defendant was unable to attend his office
since 20/04/2019 due to ill health, therefore there is delay of 35 days.
Hence this application.
5. The Ld.counsel for plaintiff has replied to this application and had
stated that deliberately the vakalatnama is not filed within time by the
defendant. Defendant cannot take defence of ignorance of law and
therefore, their application be rejected.
6. From the record it can be seen that there is delay of 35 days to
file vakalatnama on behalf of defendant. The defendant has taken
ground that he was not knowing the fact that appearance in summary
suits are to be filed within 10 days from date of service. Taking into
consideration that plaintiff is of 60 years of age and without taking any
harsh view as defendant is interested to contest this suit it will be
proper to give defendant a fair chance. The delay can be compensated.
Therefore, point Nos. 1 is answered as 'Yes' and following order is
-- 2 of 3 --
CH.S.NO.1072/19 SUM.SUIT 455/19 3
passed.
ORDER
1. Chamber Summons No.1072/2019 is allowed.
2. The delay of 35 days to file appearance of defendant is condoned
subject to cost of Rs.1000/ to be paid to plaintiff.
3. On payment of cost, vakalatnama shall be taken on record.
4. Chamber Summons No.1072/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 03/09/2019 City Civil Court,Gr. Bombay
Dictated on : 03/09/2019
Transcribed on : 09/09/2019
Signed on : 09/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/09/2019 at 1.50p.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
03/09/2019
Judgment/Order signed by P.O. on 09/09/2019
Judgment/Order uploaded on 16/09/2019
-- 3 of 3 --