- 1 - 929.chs.240.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 240 OF 2011 IN SUMMARY SUIT NO.2526 OF 2010 Vinit Kantikumar Parekh Proprietor of M/s. Vinit Agency ..Plaintiff -Versus- Himalaya International Ltd. ..Defendant .......... Mr.R.Bhatt i/by Manoj Bhatt for the Plaintiff. Mr.Ajai Pal Singh for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 By this Chamber Summons, the defendant seeks condonation of 93 days delay in filing the appearance/Vakalatnama of their Advocate. The Advocate for the plaintiff states that though the defendant is at Himachal Pradesh, they were served with the writ of summons on 20th October 2010. However, the defendant failed to file the appearance of their advocate within a period of 10 days from the date of service of the writ of summons, as required under the law. The reason given in the affidavit in support of the Chamber Summons is that the CMD of the company during November - 2 - 929.chs.240.11 2010 to January 2011 was out of the country for the purpose of company's business. No particulars are given by the plaintiff about the said business trip. In any event, it is not the case of the defendant that the Company was kept closed when the CMD of the company was travelling. In fact, the Vice President Finance has written a letter dated 27th November 2010 to the Registrar denying the claim of the plaintiff. It is further contended that most of the directors were away from the head office and they could not get time for taking decision. No particulars are given in support of this contention. 2 In view thereof, no sufficient case is made out for condonation of delay. However, only in the interest of justice, the delay is condoned on an undertaking given by the learned advocate appearing for the defendant that the defendant shall pay costs of Rs.10,000/- (Rupees Ten thousand only) to the advocates for the plaintiff within two weeks from today. The undertaking is accepted. 3 The Chamber Summons is allowed in terms of prayer clauses (a) and (b). [ S.J. KATHAWALLA, J. ] -