Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 996/2018 in Sum Suit no.1405/17
MHCC010072202018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.996 OF 2018
IN
SUMMARY SUIT NO.1405 OF 2017
PREETI SHRIKANT KOTHARI ...Plaintiff.
V/s.
M/S. INMARK RETAIL PRIVATE LIMITED. ...Defendants.
Appearance:
None present for plaintiff.
Advocate Darshan Jain for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 16th APRIL, 2022.
ORAL ORDER
1. The present Chamber Summons is taken out by the
defendant for condonation of delay in filing the Vakalatnama. It was
submitted that the summons was served to the Registered Office of
Defendant on 18/12/2017. Due to the procedure there was delay as the
papers were forwarded to the legal department. Thereafter on the
instructions, the advocate file his appearance. There was delay in filing
appearance. However the delay was not intentional on the part of
defendant and therefore, the delay be condoned.
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2 CS 996/2018 in Sum Suit no.1405/17
2. The plaintiff failed to file reply to the Chamber summons.
3. Heard Learned Advocates for defendant. Admittedly there
is delay in filing the vakalatnama and appearance in the present matter.
The reason of delay cited by defendant appears to be genuine and
reasonable. The delay whichever caused does not appear to be
deliberate and intentional. The defendant wants to make appearance to
defend the matter. It therefore seems that in order to decide the real
controversy between the parties it would be necessary to allow the
defendants to file their vakalatnama. If the delay is not condoned, the
defendant will suffer serious prejudice, whereas no such harm would be
caused to the plaintiff. Considering the nature of the suit an opportunity
must be given to the defendant to make appearance and proceed with
the matter. The delay being properly explained, there appears to have
been sufficient cause and therefore, the delay is condoned. I, therefore,
proceed to pass the following order:
ORDER
1. The Chamber Summons No.996 of 2018 is allowed.
2. The defendant is directed to file vakalatnama on next date.
3. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 16042022 City Civil Court, Gr. MUMBAI
Typed on : 16042022
Signed on : 16042022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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3 CS 996/2018 in Sum Suit no.1405/17
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22042022 at 11.35 a.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge HHJ SMT. R. K.
KSHIRSAGAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 16042022
Judgment/order signed by P.O. on 16042022
Judgment/order uploaded on 22042022
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