: 1 : chs-1102-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1102 OF 2010 IN SUMMARY SUIT NO. 3296 OF 2008 Ghanshyam Dayaram Katira .. Plaintiff v/s. Jorawar Singh Kohli & Anr. .. Defendants ......... Mr. Vidhyashankar Yadav for the plaintiff Mr. Harnam Singh for defendant no.1 and applicant in CHS. ......... CORAM : R.Y.GANOO, J. DATE : 6th SEPTEMBER,2010. P.C. : 1. This chamber summons is taken out by defendant no.1 for getting copy of the plaint and copy of the summons for judgment. Defendant no.1 has sought time to file affidavit-in-reply. Learned Counsel for the plaintiffs states that summons for judgment is not taken out against defendant no.1 as he was served. However, he has not filed Vakalatnama. It appears that packet sent to defendant no.1 by post has come back with the remark “refused”. It is to be noted that one day earlier the postal Authority have put the remark “not found”. All this is required to be seen with caution and statement made by learned : 2 : chs-1102-10=.sxw Counsel by defendant no.1 that he waives service of writ of summons as of today is accepted. Copy of the suit is given to learned Counsel for defendant no.1 directly in the Court. It will be now necessary for defendant no.1 to take out chamber summons for condonation of delay in filing Vakalatnama. In view of this, chamber summons will not be maintainable and is allowed to be withdrawn with liberty to defendant no.1 to take out chamber summons for condonation of delay in filing vakalatnama. Summons for Judgment is pending against defendant no. 2. Same stands adjourned to 27th September, 2010. Learned Counsel for defendant no.1 undertakes to file Vakalatnama on behalf of defendant no.1 within a period of 10 days from today. (R.Y.GANOO, J.)