Allowed

State Bank of India v. Shyambahadur Vasudev Singh and Anr.

Bombay HC4 Apr 2008CHS/363/2008

Case brief

AI extract

What is this about?

The High Court granted a chamber summons to condone delay for the first defendant to file a written statement, setting aside the commissioner's ex-parte order and allowing the statement on record without costs.

What did the court decide?

Comperienced delay for First Defendant to file written statement; Commissioner's order dated 6.2.2008 set aside; chamber summons made absolute.

State Bank of India Vs Shyambahadur Vasudev… — Civil Procedure and Limitation | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO.363 OF 2008

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IN

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SUIT NO.1000 OF 2003

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State Bank of India
Versus
Mr.Shyambahadur Vasudev
Singh and anr.

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...Plaintiffs

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....Defendants

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======

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None for the plaintiffs.

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Ms.S.R.Kumbhat, Adv. for the Defendant no.1.

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Ms.Rinku i./by.A.K.Saxena for defendant no.2.

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CORAM: S.C.DHARMADHIKARI, J.

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DATED: 4TH APRIL, 2008.

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P.C. :

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1.None appears for the plaintiffs although
served. The name of the plaintiffs Advocate is
appearing on board. The matter was listed yesterday
and had been adjourned till today.

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2.The only request made in the Chamber Summons

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is to condone the delay and to permit the Defendant
no.1 to file the Written Statement. In the
Affidavit-in-support it has been pointed out that the
matter proceeded ex-parte on account of the Vakalatnama
not being tendered. Even then, the First Defendant ’s
Advocate appeared before the Commissioner and requested
him to recall the Order by which he directed that the
matter will proceed ex-parte. However, the Defendant
no.1 was directed to move this Chamber Summons,.

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3.Forthe reasonssetout inthe

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Affidavit-in-support, the delay is condoned. The order
of the Commissioner dated 6.2.2008 is set aside and the
Written Statement of the First Defendant is taken on
record. Chamber Summons is made absolute in terms of
prayer clause (a). There shall be no order as to
costs.

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sd/-

State Bank of India v. Shyambahadur Vasudev Singh and Anr.

Case brief

What is this about?

What did the court decide?

State Bank of India v. Shyambahadur Vasudev Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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