Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.1179 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1179 OF 2019
IN
Summary Suit NO. 1230 OF 2017
Kanakraj S. Khanjachi
Age: 68 years, Occu: Business
Through its Attorney holder
Mr. Uttam Khanjanchi,
ADD: B11, Kasturchand Mill Compound,
M.C.Jawale Marg, Dadar(W),
Mumbai 400 028 …. Plaintiff
Versus
1. M/s. Veg King Agro Food Process Pvt. Ltd.
Through its Director Pradeep D Landge,
G.No.330, Pilanwadi, Takliphata, Post Rahu
Tq. Daund, Dist. Pune 412 207
2. Pradeep D. Landge
Age 58 years, Occ: Business
R/o Survey No.616/2, Final Plot No.101,
Taradatta Park,Pune Saswad Road,
Tal. Purandar, Dist. Pune 412 301. ....Defendants
Appearance:
Shri. Rakesh Sawant, Advocate for plaintiff.
Shri. Rahul Kadam, Advocate for Defendants
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 29.06.2019
ORAL ORDER
1. The Chamber summons is filed by the defendants to
condone the delay of 60 days to file appearance. The Chamber
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2 Chamber Summons No.1179 of 2019
summons is supported by affidavit of Shri Pradeep D. Landge. He on
oath stated that the writ of summons was received on 24.11.2017 at his
business premises i.e. Petrol Pump, at Saswad. On 22.8.2017 his father
expired and due to death of his father, he being elder in the family was
required to look after the family and was in depression. The writ of
summons were received by the servant working in the petrol pump
therefore he was not aware of the writ of summons and came to know
on 30.1.2018. There is delay of 60 days. Hence, prayed to condone the
delay.
2. The Plaintiff filed reply through affidavit of Shri Uttam
Khajanchi and has strongly objected for condoning the delay on the
ground that writ of summons were duly served but defendant avoided
to file appearance only to prolong the decision of the suit.
3. Heard Adv. Shri Rahul Kadam for defendant and Adv.
Shri Rakesh Sawant for Plaintiff. Perused the contents of Chambers
Summons and reply supported by affidavit.
4. The defendant desires to file appearance and there is delay
of 60 days. The suit is for recovery of money, therefore opportunity is to
be granted to defendant to put up his case if any. The Plaintiff can be
compensated with cost and no prejudice would be caused to the
Plaintiff. Hence, pass following order:
ORDER
(i) Chamber Summons is allowed on payment of cost of
Rs.3000/ (Rupees Three Thousand Only) to be paid to
the Plaintiff within one month failing which the
Chamber Summons shall stand dismissed.
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3 Chamber Summons No.1179 of 2019
(ii) On payment of the above cost, the delay of 60 days to
file appearance is condoned and defendant is allowed
to file appearance.
(iii) Accordingly Chamber summons is disposed of.
(S.S. Nagur)
Date :29.6.2019 Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 29.6.2019
Transcribed on : 3.7.2019
Signed on : 3.7.2019
Certified to be true and correct copy of the original signed
order.
3.7.2019 (5.30 p.m.)
DATE AND TIME B.S.Parab
Name of the Judge (With Court
Room No.)
HHJ Smt. S.S. Nagur
C.R.No.13
Date of pronouncement of
Judgment/Order
29.6.2019
Judgment/Order signed by P.O. on 3.7.2019
Judgment/Order uploaded on 3.7.2019
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