- 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 CHAMBER CHAMBER SUMMONS NO.1440 OF 2008 SUMMONS NO.1440 OF 2008 SUMMONS NO.1440 OF 2008 IN IN IN SUIT SUIT SUIT NO.1135 OF 1995 NO.1135 OF 1995 NO.1135 OF 1995 M.T.N.Ltd. ...Plaintiffs vs. M/s.Manju Agarwal & anr. ...Defendants Ms S.I.Shah i/b M/s.S.I.Shah & Co. for the plaintiffs None for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 13,2008 : OCTOBER 13,2008 : OCTOBER 13,2008 P.C.: P.C.: P.C.: 1. As the original chamber summons is not on record, the learned counsel appearing for the plaintiffs has tendered a true copy of the chamber summons and Affidavit in support on record. She states that the notice of the chamber summons was attempted to be served to the Advocate for the defendants but the learned Advocate for the defendants has declined to accept the same. 2. The suit was finally disposed of by a Judgment and Order dated 1st February 2008. It appears that when the suit was disposed of, the defendants did not appear before this court. This court referred the dispute between the parties to the Arbitrator as per section 7(B) of the Indian Telegraph Act,1885. This court directed the Central Government to notify the Arbitrator within a period of eight weeks from that - 2 - date. By order dated 12th May 2008, the Central Government appointed the Arbitrator. There is delay of 45 days in notifying the appointment of Arbitrator. The prayer in this Chamber Summons is for condonation of delay. In view of the averments made in the Affidavit in support of chamber summons, delay deserves to be condoned. Accordingly, chamber summons is made absolute in terms of prayer clause (a). JUDGE JUDGE JUDGE