: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.439 OF 2010 IN SUMMARY SUIT NO.274 OF 2010 Kabir Kapur .. Plaintiff v/s. Roabin Mazumdar .. Defendant ......... Mr. M.A. Shah for the plaintiff Mr. Rak Najm Essani for applicant / defendant in CHS ......... CORAM : R.Y.GANOO, J. DATE : 9th JUNE, 2010. P.C. : 1. By this Chamber Summons the defendant wants that delay of 18 days should be condoned and defendant should be permitted to file Vakalatnama of his advocate. 2. Heard learned advocates on both sides. Learned Counsel for the defendant submitted that for the reasons mentioned in the : 2 : affidavit in support, delay be condoned. Learned advocate for the plaintiff opposed the arguments and submitted that defendant had enough time to contact with the concerned advocate and do the needful in the matter. He prayed for dismissal of the chamber summons. 3. After having considered the cause set out in affidavit in support of chamber summons, I am inclined to take lenient view and condone the delay. Hence, the following order is passed. ORDER (i) Chamber Summons is made absolute in terms of prayer clause (a). (ii) Vakalatnama filed by the advocate for the defendant which is on record, to be treated as Vakalatnama in the present suit. (iii) There shall be no order as to costs. Learned advocate for the plaintiff states that he will take out Summons for Judgment and serve copy of the same upon advocate for the defendant. (R.Y.GANOO, J.)