Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 162719 Sum. Suit No.148617
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1627 OF 2019
IN
SUMMARY SUIT NO. 1486 OF 2017
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,
1908)
(CNR NO. MHCC010092162019)
Mrs. Bhakti Tushar Mehta …. Plaintiff
Versus
Westcoast Engineering Industries Limited ….Defendant
Appearance:
Smt. Tuba Qureshi, Advocate for plaintiff.
Shri. M.S. Singh, Advocate for defendant.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 11/09/2019
ORAL ORDER
1) The Chamber Summons is filed by the defendant to
condone the delay to file vakalatnama. The Chamber Summons is
supported by the affidavit of Shri. Jitendra M. Shah, 81 years of
age, Director of the defendant. They could not file the
vakalatnama as he came to know about the writ of summons in
the second week of September 2018. The defendant desires to
contest the proceeding. Hence, prayed to condone the delay to
file vakalatnama.
2) The plaintiff filed reply through the affidavit of Shri.
Tushar Mehta, the Power of Attorney holder of the plaintiff Mrs.
Bhakti Tushar Mehta and has denied the contents of the Chamber
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CS No. 162719 2 Sum. Suit No.148617
Summons. The delay on the part of advocate for plaintiff cannot
be the ground to condone the delay. Hence, prayed to reject the
Chamber Summons.
3) Heard Advocate Shri. M.S. Singh for defendant and
Advocate Ms. Tuba Qureshi for plaintiff. Perused the Chamber
Summons and reply supported by affidavit. Advocate Ms. Qureshi
for plaintiff during the argument stated that the delay may be
condoned on payment of cost to the plaintiff.
4) The delay is of ten months and four days.
Considering the reason shown in the Chamber Summons
supported by affidavit. The delay is to be condoned on payment
of cost. Hence,pass following order:
ORDER
1. The Chamber Summons is made
absolute in terms of prayer (a) on
payment of cost of Rs.7,500/ to the
plaintiff.
2. The defendant to pay the cost
within one month failing which the
Chamber Summons shall stand
dismissed.
(S.S. Nagur)
Date : 11/09/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 11/09/2019
Transcribed on : 13/09/2019
Signed on : 13/09/2019
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CS No. 162719 3 Sum. Suit No.148617
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
16/09/2019 & 11.43 a.m. : Mrs. Shobha Ashok Shekade
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 11/09/2019
Order
Judgment/Order signed by the P.O. on : 13/09/2019
Judgment/Order uploaded on : 16/09/2019
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