1 ndm 25 chs.1746.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1746 OF 2010 IN SUMMARY SUIT NO. 2091 OF 2010 M/s. SNS Overseas Pvt. Ltd. Vs. M/s. Indage Vintners Ltd. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Cyrus Bharuncha a/w Ms. Namrata jaykar for the Plaintiff. Mr. Sunanda Ganoo i/b Kanga and Company for the Defendant. CORAM : A.S.OKA, J. DATE : 14 th January, 2011. P.C. 1 Heard the learned counsel appearing for the Defendant in support of the chamber summons. I have heard the learned counsel appearing for the Plaintiff who has opposed the chamber summons. Perused the affidavit in support of the chamber summons. The prayer in the chamber summons is for condonation of delay of 81 days in filing appearance/ Vakalatnama in the summary suit. The opposition of the learned counsel appearing for the Plaintiff is on the ground that the alleged explanation is not adequate and is not capable for being accepted. 2 After having perused the affidavit in support, I find that there is adequate explanation for delay in filing appearance/ 2 Vakalatnama. However, the Defendant will have to pay costs to the Plaintiff quantified at Rs.15,000/-. Accordingly, chamber summons is made absolute in terms of prayer clause (a) subject to Defendant paying costs of Rs.15,000/- to the Plaintiff within a period of six weeks from today. Payment of costs shall be a condition precedent. [ A.S.OKA, J ]