:1: :1: :1: 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 SUMMONS NO.363 OF 2008 IN SUIT NO.1000 OF 2003 State Bank of India ...Plaintiffs Versus Mr.Shyambahadur Vasudev Singh and anr. ....Defendants ====== None for the plaintiffs. Ms.S.R.Kumbhat, Adv. for the Defendant no.1. Ms.Rinku i./by.A.K.Saxena for defendant no.2. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH APRIL, 2008. P.C. P.C. P.C. : : : 1. None appears for the plaintiffs although served. The name of the plaintiffs Advocate is appearing on board. The matter was listed yesterday and had been adjourned till today. 2. The only request made in the Chamber Summons :2: :2: :2: is to condone the delay and to permit the Defendant no.1 to file the Written Statement. In the Affidavit-in-support it has been pointed out that the matter proceeded ex-parte on account of the Vakalatnama not being tendered. Even then, the First Defendant ’s Advocate appeared before the Commissioner and requested him to recall the Order by which he directed that the matter will proceed ex-parte. However, the Defendant no.1 was directed to move this Chamber Summons,. 3. For the reasons set out in the Affidavit-in-support, the delay is condoned. The order of the Commissioner dated 6.2.2008 is set aside and the Written Statement of the First Defendant is taken on record. Chamber Summons is made absolute in terms of prayer clause (a). There shall be no order as to costs. sd/- **********