Final Order 1

Order Details: Chamber summons
Pdf Text: CH/s.IN Sum. S No.1292/17 Oral Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1000 OF 2018
IN
SUMMARY SUIT NO.1292 OF 2017
Mr.Subhash Yelappa Kutade
of Mumbai, an adult, Indian Inhabitant,
aged about 34 years,
Occupation Money Lender,
having his office and residence
address at Room No.14, Navjivan Seva Societyt,
Shivneri Nagar, Shingrewadi, Bailbazar,
Kurla West, Mumbai400070. ...Plaintiff
V/s
Mr.Ashok Punjanath Barve
of Mumbai an adult Indian
Inhabitant, age 45 years,
Occupation Service, having
his office address at
Employee No.1550172
Department 090, Designation JM Peon,
D.M.R.Office, Annex Building
Chhatrapati Shivaji Maharaj
Terminal, Mumbai400001. ...Defendant
Coram :His Honour Judge Shri M.M.Umar
(C.R. No.28)
Dated : 16/07/2018
Adv. Mr.Vaibhav Kamble for plaintiff.
Adv. Mr.Yogesh Kolge for defendants.
ORAL ORDER
1. This Chamber Summons is taken out by the defendant for
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CH/s.IN Sum. S No.1292/17 Oral Order 2
condoning the delay caused in filing the appearance in the suit beyond
the period of 10 days from the receipt of Writ of Summons. The learned
Advocate for the plaintiff has given his say on the overleaf of the
application.
2. Read the application. Heard to the learned advocate for the
defendant, so also, for the plaintiff.
3. The learned advocate for the defendant has submitted that
the defendant received the summons of the abovesaid suit but he did
not make his appearance in the above said suit within 10 days from the
receipt of Writ of Summons. It is submitted that after receipt of the
Writ of Summons it was misplaced and was not traceable. It is
submitted that on 27/4/2018 the defendant found the writ of summons
in the drawer of the cupboard, thereafter, he contacted with the
advocate on telephone and after taking the necessary advice the present
Chamber Summons came to be filed. It is submitted that if the
Chamber Summons is not allowed irreparable loss and prejudice would
cause to the defendant, therefore, it is requested that chamber
Summons be made absolute.
4. Per contra, the learned advocate appearing for plaintiff has
submitted that there is no proper explanation from the side of
defendants for not filing the appearance within stipulated time. It is
submitted that Chamber Summons be allowed after awarding heavy
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CH/s.IN Sum. S No.1292/17 Oral Order 3
costs to the plaintiff.
5. I have duly considered the submissions of both the sides, so
also, I have gone carefully through the case papers. It appears that the
defendant has given sufficient cause for not giving the appearance
within 10 days after receipt of writ of summons. It appears that the writ
of summons was misplaced and was not traceable therefore, delay is
caused. Since the learned advocate for the plaintiff has given consent
for allowing the Chamber Summons after awarding the reasonable
costs, hence I do not find any impediment in allowing the Chamber
Summons. In the result, following order :
ORDER
1. Chamber summons no.1000/18 is allowed.
2. The delay caused for filing the appearance after service of writ of
summons is hereby condoned, subject to payment of costs of Rs.2,500/
payable to the plaintiff by the defendant on or before next date.
3. The payment of costs is condition precedent for condoning the
delay.
4. Chamber Summons no.1000/18 is disposed of accordingly.
(M.M.UMAR)
Judge,
16/07/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 16/7/18.
Date of Transcription : 16/7/18.
Date of signature : 18/7/18
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CH/s.IN Sum. S No.1292/17 Oral Order 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.07.18 12.00 a.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri MM Umar (CR
No.28)
Date of Pronouncement of
Judgement/Order.
16.07.18
Judgement/order signed by P.O on 18.07.18
Judgement/order uploaded on 18.07.18
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