Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s.1133/19 in Sum.Suit 1191/18 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.1133 OF 2019
IN
SUMMARY SUIT NO. 1191 of 2018
(CNR NO.: MHCC010063212019)
Mrs.Bina Doshi
C/1402/1502 Hulas Basti Tower
Panchsheel Enclave, Mahavira Nagar
Kandivali West, Mumbai 400067. ...Applicant
IN THE MATTER BETWEEN
Mithal Kailashkumar Kothari,
Through its Constituted Attorney
Mr.Kailashkumar Kothari
N.Himatlal Jain 128/130
Sarangi Street, Mumbai400003. ...Plaintiff
Versus
Mrs.Bina Doshi
C/1402/1502 Hulas Basti Tower
Panchsheel Enclave, Mahavira Nagar
Kandivali West, Mumbai 400067. ...Defendant
Appearances:
Advocate Mr.Ramesh Sahu for the Plaintiff.
Advocate Mr.Ganesh Murty for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 18th OCTOBER 2019
ORDER
This Chamber of Summons is for condonation of delay to file
appearance.
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Ch/s.1133/19 in Sum.Suit 1191/18 2
2. Heard Ld. counsel for defendant and Ld. counsel for plaintiff.
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 cause
to condone the delay 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 defendant
has in fact made every arrangement to file the appearance within time
but due to the mistake of employee the signed VP could not reached his
advocate within time, therefore, this application.
5. The Ld. counsel for plaintiff has replied to this application and
had stated that grounds taken by the defendant are frivolous and false.
The defendant had deliberately not filed his appearance within time
defendant therefore, their application be rejected.
6. From the record it can be seen that there is delay of about 40
days to file vakalatnama on behalf of defendant. The defendant has
taken ground of miscommunication and failure of his employee to
handover the signed vakalatnama within time. Without taking any
harsh view and as defendant is interested to contest this suit it will be
proper to give defendant a fair chance. The delay can be compensated.
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Ch/s.1133/19 in Sum.Suit 1191/18 3
Therefore, point No. 1 is answered as 'Yes' and following order is
passed.
ORDER
1. Chamber Summons No. 1133 of 2019 is allowed.
2. The delay of 40 days to file appearance of defendant is condoned
subject to cost of Rs.1000/ (Rs. One Thousand only) to be paid to
plaintiff.
3. On payment of cost, vakalatnama shall be taken on record.
4. Chamber Summons No.1133 of 2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:18/10/2019 City Civil Court,Gr. Bombay
Dictated on : 18/10/2019
Transcribed on : 19/10/2019
Signed on : 22/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23/10/2019 at 4.25p.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
18/10/2019
Judgment/Order signed by P.O. on 22/10/2019
Judgment/Order uploaded on 23/10/2019
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