1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.2040 of 2007 In Summary Suit No.3548 of 2004 Kalyanmal Sawantraj Mehta. .. .. Plaintiff v/s. M/s.Dwarkesh Diamond Pvt.Ltd. .. .. Defendant Mr.S.K. Jain for Plaintiff. Mr.D.H. Shah for Defendant. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 15th July, 2008 P.C. : 1.This Chamber Summons is taken out to condone the delay in filing the appearance in a Summary Suit upon service of the writ of summons. The writ of summons has been served on 25.8.2007 by registered Post through the office of the Sheriff of Mumbai. The case in the Chamber Summons is that the writ of summons was received by one Chamanlal, who was the Peon of the Defendant-Company whilst the Directors were away from the office on business tours and on account of marriage of one of them. Chamanlal also went on leave and showed the envelope to the Directors of the Defendant-Company only when he was asked whether he had received any packet by Post during the absence of the 2 Directors. After search, he produced the writ of summons served in this Suit upon the Director who has taken out this Application. 2.The service is admitted. It is stated to be made on 25.8.2007. The registered acknowledgment reflects the service. However, the service is not accepted by any Chamanlal, who is stated to be the Peon. The endorsement is quite the contrary. It is accepted for the Company by a person whose signature reads as “Rakan” or so. Consequently, the very case of Chamanlal, Peon having accepted the service is belied. 3.It is upon this premise that this Application is to be adjudicated. Mr.Jain contended that it is a complete false case which would tantamount to perjury. The case for delay is, therefore, not strictly made out on a bonafide ground. Nevertheless, the Defendant has prayed to be heard and is required to be heard. The Defendant needs be saddled with heavy costs, if the statement made on oath is seen to be falsified by the signature made on behalf of the Defendant and which is admitted upon the admission of the writ of summons on that date. On the Defendant paying costs of Rs.3,000/- within one week from today, the Defendant shall 3 be entitled to enter appearance and the Plaintiff shall take out a Summons for Judgment. If the costs are not paid, the Defendant shall not be entitled to enter appearance and the Plaintiff shall be entitled to execute the decree. 4.The Chamber Summons is disposed of accordingly. [SMT.ROSHAN DALVI, J.]