IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 719 OF 2009 IN SUMMARY SUIT NO. 313 OF 2009 Mohini M. Dhavade ..... ..... ...Plaintiff V/s Elagant Builders & Developers & Ors. ..... ...Defendants. Mr.Ashok Kumar Sing, Adv. for the applicant in support. Mr.Yogesh Adhia, Adv. for the defendants 1, 2 & 4. CORAM: A.P.DESHPANDE, J. 9th June, 2009. PC: By the present chamber summons two fold prayers are made by defendant No.5. First prayer is for condoning the delay of about 40 days in filing appearance. Suit is under Order 37 of Code of Civil Procedure. The defendant No.5 was supposed to file appearance in 10 days. However some delay is caused i entering the appearance. The other prayer is for claiming leave to defend. Said prayer is not pressed and permission is sought to take out separate chamber summons for seeking leave to defend. Hence second prayer is not considered. However defendant No.5 is granted leave to taken out separate chamber summons for the same. Perused the present chamber summons. For the reasons set out in the affidavit in support of chamber summons delay appears to have been properly explained. In the event if delay is not condoned defendant No.5 will suffer irreparable loss and put to 1 undue hardship as he would not be in a position to to apply for leave to defend. Hence in the interest of justice delay stands condoned. Chamber summons thus stands allowed and disposed of to the extent it seeks condonation of delay in putting in appearance. 9.6.2009. 2