1 nms972.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 972 OF 2011 IN SUMMONS FOR JUDGMENT NO. 68 OF 2010 IN SUMMARY SUIT NO. 2186 OF 2009 Rakesh Singh ......Plaintiff. Vs. Manpasand Textile Processors Pvt. Ltd. ......Defendants. Ms. Pragna D. Gala for the Plaintiff. Ms. Sunanda R. Kumbhat for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATE :- 9 SEPTEMBER 2011. P.C. :- The Notice of Motion is taken out for condoning the delay in filing the reply to the Summons for Judgment. This Court on 12 January 2011 permitted the Defendants to file reply on or before 2 February 2011 and rejoinder, if any, to be filed on or before 16 February 2011. The matter was kept for hearing on 23 February 2011. The Defendants, however, could not file reply as ordered. Therefore, taken out this Notice of Motion for condonation of delay in filing the reply. 2 nms972.11.sxw ssm 2 Considering the averments made in paragraph Nos. 1 and 2 and also in the interest of justice, I am of the view that a case is made out to condone the delay so that the matter can be properly adjudicated at this stage in Summons for Judgment itself. Even otherwise, the Court needs to consider the averments made in the Plaint, as well as, the Summons for Judgment before passing any final order. Therefore, if reply is taken care of it reflects on record the defence so raised. In view of this, Notice of Motion is allowed. The reply is taken on record. However, this is subject to costs of ` 2,000/- (Rupees two thousand only) to be paid within two weeks from today. 3 The Plaintiff to file rejoinder, if any, within three weeks. 4 The Notice of Motion is accordingly disposed of. (ANOOP V. MOHTA, J.)