Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/sum No.
1317/2019
MHCC010073472019
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1317 OF 2019
IN
SUMMARY SUIT NO. 326 OF 2018
Gemini Equipment & Rental Pvt. Ltd. ...Plaintiff
Versus
1. M/s. Shakti Textile & Anr. …Defendants
Appearance :
Adv for plaintiff absent.
Ld. Adv. Mr Pradip Poojari for defendants.
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 19/09/2022
ORDER
The present Chamber Summons is taken out by the
defendants for seeking condonation of delay of 379 days in causing
appearance
2. This Court, from time to time granted opportunities to plaintiff
for filing reply. However, the opportunities were not availed of. That
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2 Order in Ch/sum No.
1317/2019
which considered my Ld predecessor constrained to pass ‘No reply
Order’ on 02.01.2020.
3. Perused Chamber Summons and affidavit in support of it.
Heard Ld. advocate Mr. Pradip Poojari for defendants. He submits that
defendant No.2, who happens to be a partner of defendant No.1 Firm is
also partner in other two Firms. Therefore, he used to be busy all the
times. He further submits that defendant No.2 owing to business work,
is required to travel abroad. Therefore, he was not aware about the
present proceedings. He further submits that defendant No.2 was
thereafter busy in looking after his Mother who suffered some health
issue in June, 2018. He further submits that in October, 2018 owing to
the clean up process of his office, certain documents were misplaced.
Those documents were found in March 2019, and thereafter defendant
No.2 instructed his Lawyer to appear in the matter.
4. Mr. Poojari further submits that defendant No.2 was not
aware about the nature of the present suit. He was under impression
that it is an ordinary suit and therefore he was not knowing the need of
appearance within stipulated time. He further submits that if the
defendant No.2 is not permitted to appear, he would loose valuable
rights and as such great hardship would be caused to him.
5. Rule 3 of Order XXXVII of CPC provides only 10 days
period for the defendant to cause appearance from the date of service of
Writ of Summons. Order XXXVII envisage procedure for the quick
disposal of suits. Hence parties are expected to act accordingly, without
causing undue delay.
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1317/2019
6. On perusal of the reasons for causing such a huge delay, I
find these reasons are not at all satisfactory. The busyness of the
defendant No.2 in activities of his business cannot be a goods ground to
condone the delay. So also the submission regarding lack of knowledge
of defendant No.2 about the summary suit, is also not tenable. The
delay is huge. I find no sufficient cause for the same. The grounds urged
are not genuine or bonafide. Hence, considering the intention of Order
XXXVII of CPC, I do not find it just and proper to condone the delay.
Hence, the order.
ORDER
A Chamber Summons No.1317 of 2019 stands rejected.
B Chamber Summons No.1317 of 2019 is disposed of accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Dated:19.09.2022 Court Room No.61
Dictated on : 19.09.2022
Transcribed on : 19.09.2022
Signed on : 22.09.2022
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4 Order in Ch/sum No.
1317/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22.09.2022 at.5.45p.m. Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
19.09.2022
JUDGMENT/ORDER signed by P. O. on 22.09.2022
JUDGMENT/ORDER uploaded on 22.09.2022
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