Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.1385/19
in Summary Suit No.320/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.1385 of 2019
(CNR NO. MH CC010076742019)
In
SUMMARY SUIT NO.320 OF 2018
M/s. Satyen Polymers Pvt. Ltd
A Company incorporated under the
provisions of the Companies Act, 1956
having its registered office at 307, A to Z
Industrial Premises, G.K. Marg,
Lower Parel, Mumbai – 400 013 ….Plaintiff
V/s.
M/s. NI Plast India
A Partnership Firm registered under the
provisions of Indian Partnership Act, 1932
having its registered office
at W16, M I D C, Gokul Shirgaon,
Kolhapur (Mah) 416 234 ....Defendant
Appearance:
Ms. Nisha Shah, Advocate for the Plaintiff.
Mr. Subramaniyam, Advocate for the defendant
.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 17 th October, 2019.
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2 Chamber Summons No.1385/19
in Summary Suit No.320/2018
ORDER
1. This Chamber Summons is taken out by defendant for
condonation of delay of 382 days in filing the chamber summons and to
grant leave to defendant to defend the present suit in the interest of
justice.
2. As per the contention of defendant he is the Partner of
Partnership Firm. He is residing at Kolhapur and carrying on his business
there. He received writ of summons in the month of May, 2018.
However, due to his illness HTN PID, he was under treatment from
05.05.2018 to 29.07.2018 and therefore, he could not appoint any
Advocate for taking steps in the suit. The efforts were also made for
settlement of the suit through Legal Aid and Mediation but it was in vain.
Therefore, it is prayed that the chamber summons be made absolute in
the interest of justice in terms of prayer clause (a) and (b).
3. Reply to the notice of motion is not filed on record. I have
heard both the learned Advocates at length. It is vehemently submitted
by learned Advocate for defendant that the reason of illness of defendant
mentioned in the AffidavitInSupport of chamber summons is sufficient
cause. Moreover, the parties were engaged in the process of settlement
of suit. Therefore, it is prayed that the chamber summons may kindly be
allowed.
Per contra, it is submitted by learned Advocate for plaintiff that
prayer clause (b) of chamber summons does not speak about the prayer
for condonation of delay. From the noting of proceeding it appears that
before LoakAdalat the plaintiff was present but defendant was absent.
In Mediation process also the defendant was absent and on 22.02.2019
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3 Chamber Summons No.1385/19
in Summary Suit No.320/2018
Exparte Order against the defendant has been passed. Therefore, it is
prayed that since chamber summons is not maintainable, it be dismissed.
4. On perusal of record, it reflects that on 22.02.2019,
Exparte Order was passed against the defendant. In this respect it is
submitted on behalf of learned Advocate for defendant that the
defendant is not aware about passing of the said order. It is absolutely
meaningless submission on behalf of learned Advocate for defendant
because it is duty of the learned Advocate to go through the record and
to file proper Chamber Summons / Notice of Motion for seeking the
relief, as required in the suit. Further more prayer clause(b) of the
chamber summons reflects that it is prayed for grant of leave to defend
the present suit. Since the summons for judgment is not taken out by
plaintiff against the defendant, the said prayer is also not maintainable.
In view of forgoing discussion as the chamber summons is devoid of
merit, being not maintainable, I pass following order.
ORDER
Chamber Summons No.1385/2019 is dismissed and disposed off
accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 17/10/2019
Dictated on : 17.10.2019
Transcribed on : 18.10.2019
Signed on : 19.10.2019
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4 Chamber Summons No.1385/19
in Summary Suit No.320/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
23.10.2019 11.55 a.m. Ms. Ujwala J. Bhagat
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 17.10.2019
Order signed by P.O. on 19.10.2019
Order uploaded on 23.10.2019
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