Final Order 1

Order Details: Chamber summons
Pdf Text: CH/S.1165/19 SUM.SUIT 1267/18 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.1165 OF 2019
IN
SUMMARY SUIT NO. 1267 of 2018
(CNR NO.: MHCC010065332019)
M/s.Adinath Enterprises ...Plaintiff
Versus
M/s.Siroya Builders and Anr. ...Defendants
Appearances:
Advocate Ms.Kiran Ravat for the Plaintiff.
Advocate Mr.Mangaonkar for the Defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 24th OCTOBER 2019
ORDER
This is Chamber summons for condonation of delay of 123 days
to file appearance.
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 of 123 days
to file appearance?
Yes
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CH/S.1165/19 SUM.SUIT 1267/18 2
2. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.counsel for defendant has submitted that the suit
summons was received by the employee of defendants. The defendants
had also shifted their address. That person misplaced the summons and
went on leave. Defendants were unaware about the suit summons.
Recently they came in knowledge about the pendency of the suit,
therefore, 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 therefore, their application be rejected.
6. From the record it can be seen that there is delay of 123 days to
file vakalatnama on behalf of defendants. The defendants have taken
ground about the employee misplacing the summons. 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. Therefore, point Nos. 1 is answered as 'Yes' and
following order is passed.
ORDER
1. Chamber summons No.1165/2019 is allowed.
2. The delay of 123 days to file appearance of defendant is
condoned subject to cost of Rs.4,000/ to be paid to plaintiff.
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CH/S.1165/19 SUM.SUIT 1267/18 3
3. On payment of cost, vakalatnama shall be taken on record.
4. Chamber summons No.1165 of 2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 24/10/2019 City Civil Court,Gr. Bombay
Dictated on : 24/10/2019
Transcribed on : 24/10/2019
Signed on : 24/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
1/11/2019 at 4.10p.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
24/10/2019
Judgment/Order signed by P.O. on 24/10/2019
Judgment/Order uploaded on 1/11/2019
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