1 IN IN IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY THE HIGH COURT OF JUDICAUTRE AT BOMBAY THE HIGH COURT OF JUDICAUTRE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 250 OF 2005 SUMMONS NO. 250 OF 2005 SUMMONS NO. 250 OF 2005 IN SUMMONS FOR JUDGEMENT NO. 300 OF 2004 IN SUIT NO. 154 OF 2004 Kamlesh Phulchand Jain and Ors. ... Plaintiffs Versus Mahaveer Saremal Jain and anr ... Defendants Mr. Anil Mishra for Plaintiff. Mr. H.M. Pandya for Defendants. CORAM CORAM CORAM : A.M. KHANWILKAR,J. : A.M. KHANWILKAR,J. : A.M. KHANWILKAR,J. DATED DATED DATED : JUNE 13, 2005 : JUNE 13, 2005 : JUNE 13, 2005 P.C. P.C. P.C. . Heard counsel for the parties. Perused pleadings. I find substance in the objection taken on behalf of the plaintiff that no sufficient cause has been made out for condoning the delay in filing reply to the Summons for Judgment which is almost of nine months. On this ground the chamber summons ought to fail. However, by way of indulgence and in the interest of justice, so as to give opportunity to the defendant, chamber summons is allowed in terms of Prayer Clauses (a), (b) and (c) on a condition that the Plaintiff shall pay cost to the plaintiffs quantified at Rs.5,000/- on or before 15.6.2005 failing which this chamber summons will stand dismissed for non prosecution without 2 further reference to the court. (A.M. (A.M. (A.M. KHANWILKAR,J.) KHANWILKAR,J.) KHANWILKAR,J.)