IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 410 OF 2009 IN SUMMARY SUIT NO. 60 OF 2009 Vimlaben H. Shah .... ..... .... Plaintiff V/s M/s.Nital Trading Co. & Anr. ..... .... .... Defendants Mr.Paras N. Vira, Adv. For the plaintiff. Mr.Manish P. Jogani, Adv. For defendants 1 & 2. CORAM: A.P.DESHPANDE, J. 16th June, 2009. PC: By the present chamber summons defendant is seeking condonation of delay of 11 days in putting in appearance in a suit filed under order 37 of Code of Civil Procedure (summary suit) by the plaintiff. After service of writ of summons the defendant under the provisions of law is expected to file appearance within 10 days. However in the present case chamber summons has been taken out with a view to seek condonation of 11 days delay in putting in appearance. According to the defendant as scheduled he had traveled for pilgrim tour of Kutch in Gujarat State details whereof have been furnished in para 3 of the affidavit. Other reasons are also assigned why the appearance could not be put in time. Perused the affidavit in support of chamber summons for condonation of delay. In my view the reasons are sufficient to condone the delay. Learned counsel for plaintiff has pointed out that the 1 claim in the summary suit is in the sum of Rs.41 lacs and on account of delay in putting in appearance the proceedings are unnecessarily prolonged. In view of the fact that cause of justice would be advanced by condoning delay I am inclined to condone the same however subject to payment of costs quantified at Rs.3000/-. In the result chamber summons is allowed and disposed of. Rule made absolute in terms of prayers (a) and (b) subject to payment of costs of Rs.3000/- to be paid by defendant to the plaintiff within a period of two weeks from today. 2