The court granted an application for condonation of delay in filing the written statement in a summary suit on the condition that the defendant pays court costs of Rs. 5000 to the plaintiff.
The prayer for condonation of delay was granted on condition of payment of Rs. 5000 costs within one week.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.295 OF 2006
IN
SUMMARY SUIT NO.932 OF 2003
Jindal Vijaynagar Steel Ltd. ..Plaintiff.
Vs.
Ketan Construction Ltd. ..Defendant.
Mr.Vishal A. Datta i/b.D.G.Rangral for the
Plaintiff.
Mr.Farhan Dubash i/b.M/s.Mulla & Mulla with
Mr.Hrishikesh Shede for the Defendant.
CORAM : A.M. KHANWILKAR, J.
DATED : 21ST JUNE, 2007
P.C. :
Heard counsel for the parties. Perused the
relevant pleadings and material on record.
2. The prayer in this Chamber Summons is for
condonation of delay of 46 days in filing of the
written statement. According to the Applicant, the
delay has occurred essentially because of business
and personal commitments of the Applicant during the
relevant period.
3. In the reply affidavit, the Plaintiff has
challenged that position amongst others on the
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ground that no material to substantiate that fact is
placed on record. Indeed, on the last occasion,
counsel for the Defendant/Applicant has taken time
to consider that position.
4. Today, counsel for the Defendant submits that on
the basis of pleadings and documents on record, he
would be able to satisfy the Court that there is
sufficient cause for condoning the delay in filing
the written statement.
5. After have considered the submission,s in the
interest of justice, I am inclined to accept the
explanation offered and grant the prayer for
condoning the delay in filing the written statement,
however, on condition that the Defendant shall pay
the cost to the Plaintiff quantified at Rs.5000/-
within one week from today.
6. Payment of cost is condition precedent of making
the Chamber Summons absolute in terms of prayer (a).
1 issue framed by the court
Whether the defendant is entitled to condonation of delay in filing the written statement.
A.M. Khanwilkar
As recorded by the court registry
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