1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.287 OF 2008 IN SUMMARY SUIT NO.2397 OF 2007 M/s. Snow White ..Plaintiff. Vs. M/s. Spar International ..Defendant. .... Mr. J.P. Dubey for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 19th March, 2008. P.C. : The Chamber Summons has been taken out on behalf of the Defendant for condoning the delay of 151 days in filing the Vakalatnama on behalf of the Defendant in a summary suit under Order 37. Under the provisions of sub rule (1) of Rule 3 of Order 37, the Defendant has ten days time to enter an appearance from the date of service of the summons. There has been a gross delay on the part of the Defendant. In the affidavit in support of the Chamber Summons there is only a bare averment that the 2 Defendant was unable to contact his advocate due to his father's illness. It has been stated that the Defendant's father was admitted to hospital for heart ailment and diabetes. No documentary evidence has been produced nor are any material dates referred to and it is evident that the reason which has been offered is merely an after thought to justify a gross delay. The delay has not been sufficiently explained. The Chamber Summons is accordingly dismissed. *****