Full Order Text
Final Order 1 · 19 Oct 2019 · CNR MHCC010088172019
Order Details: Chamber summons Pdf Text: Chamber Summons 1555-19 In Summary Suit No. 1071- 2018 1 Date 19.10.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.1555 of 2019 IN SUMMARY SUIT NO. 1071 of 2018 (CNR NO.MHCC01 0088172019 ) Vishindas Kishindas Munyal .. Plaintiff Versus M/s. Seven seas Chickens & Ors. .. Defendants Appearances : Adv.Krupa Parekh for plaintiff present. Adv.Deepak Kushwaha for defendant no.1,2,3 and 5 present Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge C.R. No. : 7 Dated : 19.10.2019 ORDER 1. The defendant no. 1, 2, 3 and 5 have filed instant Chamber Summons for condonation of 258 days delay in filing Vakalatnama. 2. It is conteded by the defendants that as per envelope containing Writ of Summons was returned and delivered to defendant no. 1 on 27.11.2018 and the defendant no. 3 received the Summons on 27.11.2018. It is contended by the defendants that after receipt of Suit Summons, they were not aware that they -- 1 of 4 -- Chamber Summons 1555-19 In Summary Suit No. 1071- 2018 2 Date 19.10.2019 have to file their appearances within 10 days from the date of receipt of Summons. Therefore, delay of 258 days has been caused. Therefore, defendants prayed for condonation of above 258 days delay by allowing the present Chamber Summons. 3. Heard Ld. Advocate Mr. Deepak Kushwaha for defendants. The present Chamber Summons is not seriously opposed by the plaintiff. It is contended by the plantiff that the defendants are habitual defaulters. Therefore, heavy cost be imposed. As the statment made by the plaintiff, Chamber Summons can be allowed subject to payment of cost of Rs. 5,000/. Thus, I proceed to pass the following order : ORDER 1. Chamber Summons No.1555 of 19 is hereby made absolute in terms of prayer clause(1) and (2) subject to payment of cost of Rs.5,000/ to be payable to the DLSA. 2. Defendants to pay cost on or before next date. 3. Chamber Summons No.1555 of 2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 19.10.2019 Gr. Bombay Dictated on : 19.10.2019 Transcribed on : 19.10.2019 Draft submitted on : 22.10.2019 Checked on : 24.10.2019 Signed on : 24.10.2019 -- 2 of 4 -- Chamber Summons 1555-19 In Summary Suit No. 1071- 2018 3 Date 19.10.2019 -- 3 of 4 -- Chamber Summons 1555-19 In Summary Suit No. 1071- 2018 4 Date 19.10.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 24/10/2019 at 5.00 p.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.7) Date of Pronouncement of JUDGMENT/ ORDER 19/10/2019 JUDGMENT/ORDER signed by P.O. on 24/10/2019 JUDGMENT/ORDER uploaded on 24/10/2019 -- 4 of 4 --