: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.1935 OF 2008 SUMMONS NO.1935 OF 2008 SUMMONS NO.1935 OF 2008 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.2382 OF 2008 SUIT NO.2382 OF 2008 SUIT NO.2382 OF 2008 The ICICI Securities Ltd. ...Plaintiffs V/s. Gold Filled Leather Works & Ors. ...Defendants Ms.Amarjit Kaur with Ms.L.K. Bulchandani for the Plaintiffs. Ms.Indra Sajnani i/b. S.M. Associates for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 16TH FEBRUARY, 2009. : 16TH FEBRUARY, 2009. : 16TH FEBRUARY, 2009. P.C.: P.C.: P.C.: 1. This Chamber Summons is taken out for seeking condonation of delay of about 42 days caused in filing appearance in this summary suit. There are three Defendants out of which two are husband and wife and the third is the trust. The Defendant Nos.2 and 3 pleaded that they were not well. They are aged people and until 15th February, 2009, they could not contact their Advocate. Necessary documents in support of such claim are shown to me and I think this is a case where the delay should be condoned subject to payment of costs. Looking to the claim of the Plaintiffs, cost of Rs.10,000/- would be just. : 2 : 2. The Chamber Summons is made absolute in terms of prayer clause (a), subject to the Defendants depositing Rs.10,000/- as costs within one week from today. The amount shall be directly paid to the Plaintiffs’ Advocate. In case of failure to pay the costs to the Plaintiffs’ Advocate, the Chamber Summons would stand dismissed. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]