Final Order 1

Order Details: Chamber summons
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MHCC010074372019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1326 OF 2019
IN
SUMMARY SUIT NO.328 OF 2019
Mr. Navalkishore G. Khandewal ... Plaintiff
V/s.
M/s. Ahuja Properties & Developers & Ors ... Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT, GR.MUMBAI
(C.R. NO.59).
DATE : December 05th, 2020.
Appearances:
Adv.Ms. Rutuja Mahadik for the plaintiff.
Adv.Ms.Shraddha Birwadkar for the defendants.
ORAL ORDER
This Chamber Summons taken out by the defendants for
condonation of delay for filing appearance and Vakalatnama on record.
The plaintiff has filed reply to the same.
2. Perused the Chamber Summons and reply of the plaintiff.
Heard both the advocates for the parties at the length.
3. It is contended by the defendants that on the fixed date as
the clerk to receive copy of the summery suit was on leave and
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2 C/s. No. 1326 of 2020
in Summary Suit No. 328 of 2019
inadvertently failed to forward the copy to legal department the delay
of 29 days is caused in filing appearance and Vakalatnama on record.
Therefore, 29 days delay is caused for filing his appearance and his
Vakalatnama on record in this suit.
4. Considering the submissions made by the advocates of the
plaintiff and the defendants, this Court holds that the defendants were
unable to file their appearance and Vakalatnama in this suit. The reason
given by the defendants for delay is satisfactory. The delay caused for
filing appearance and Vakalatnama in this Suit is explained properly.
5. In these backgrounds, the Chamber Summons deserves to
be allowed in the interest of justice and in consequence allowing the
defendants to file appearance and Vakalatnama on record. Hence, I
pass following order.
ORDER
1. The Chamber Summons No. 1326/2019 is allowed,
subject to cost of Rs.1000/-, which shall be paid by the
defendants to the plaintiff, on or before next date.
2. The defendants is granted permission to put his
appearance and Vakalatnama in the interest of justice.
3. The Chamber Summons No. 1326 of 2019 is disposed
off.
(S.G.Shaikh)
Judge,
Date : 05.12.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Dictated on : 05.12.2020
Typed on : 05.12.2020.
Signed on : 05.12.2020.
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3 C/s. No. 1326 of 2020
in Summary Suit No. 328 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
05.12.2020 01.00 p.m. Mayuresh P. Tathe
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 05.12.2020
Order signed by P.O. on 05.12.2020
Order uploaded on 05.12.2020
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