Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 2266/2019
in Sum. Suit No.961/2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 2266 OF 2019
IN
SUMMARY SUIT NO. 961 OF 2017
CNR NO. : MHCC01-008430-2017
M/s. Sampatraj Hemchand Jain, HUF …Plaintif
Vs.
M/s. Siroya Builders & Developers & 1 Anr. ...Defendants
Appearance:
Mr. Yashpal Jain, advocate for the plaintif.
CORAM :SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 18/02/2020
ORAL ORDER
1. The chamber summons is fled by the the plaintif to
condone the delay of 116 days to fle the Summons for
Judgment. The chamber summons is supported by afdavit of
Sampatraj Hemchand Jain, the Karta of plaintif frm. He has
stated the grounds for the delay caused to fle the Summons
for Judgment within 6 months from the appearance of the
defendants in the suit.
2. The notice of chamber summons is duly served as per
service afdavit fled by the plaintif. The defendants failed to
appear and fle reply to the chamber summons. Hence the
chamber summons is proceeded without reply.
3. Heard advocate Mr. Yashpal Jain for the plaintif. The
defendants remained absent. Hence argument of defendants is
not heard.
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2 Order in Ch/s 2266/2019
in Sum. Suit No.961/2017
4. Perused the chamber summons supported by afdavit. I
have gone through the record. As per roznama dated
25.09.2017 the Vakalatnama is fled by the defendants at
Exh.2. The Summons for Judgment is fled by the plaintif on
07.03.2018. The Summons for Judgment is to be fled within
six months from the date of appearance I.e. 25.09.2017 is
taken on record. However, there is delay to tender the
Summons for Judgment after its registration in the ofce of
Registrar, which is noted in the roznama 10.06.2019. The
roznama dated 21.06.2018 shows that advocate for plaintif
was present and it was for taking steps and the suit was
adjourned on 15.10.2018. On 15.10.2018, the Court was
vacant however, registered Chamber Summons should have
been fled by the plaintif on 21.06.2018. Hence, for the delay
caused by the plaintif to tender the Summons for Judgment,
the plaintif has to pay the cost and pass the following order:-
ORDER
1. The chamber summons no. 2266 of 2019
is disposed of, as the Summons for
Judgment is fled within limitation.
2. The plaintif is directed to deposit the cost
of Rs. 1,000/- (Rupees One Thousand
Only) to District Legal Services Authority.
(Smt. S.S. Nagur)
Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 18/02/2020
Transcribed on : 25/02/2020
Sign on : 25/02/2020
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3 Order in Ch/s 2266/2019
in Sum. Suit No.961/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
26/02/2020 12.00 noon Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of Judgment/
Order.
18/02/2020
Judgment/order signed by P.O on 25/02/2020
Judgment/order uploaded on 26/02/2020
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