1 CHS119.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 119 OF 2009 IN SUMMARY SUIT NO. 3476 OF 2008 Hab Pharmaceuticals & Research Ltd. ... Plaintiffs. V/s. State of Maharashtra & Ors. ... Defendants. Mr. Gautam B. Panchal for the Plaintiffs. Mr. S.S. Joshi, AGP for the Defendants. CORAM : R.Y. GANOO, J. DATED : 29th OCTOBER 2010. P.C. :- This Chamber Summons is taken out for condonation of delay in filing Vakalatnama. Affidavit in reply is filed. Heard learned Counsels on both Sides. Learned Counsel for the Defendants submitted that the various averments in the affidavit in support indicate that the delay which has occurred is not intentional an due care was taken to attend to the matter as expeditiously as possible. Learned Counsel for the Plaintiffs opposed contending that the Defendants should have been diligent and delay should not be condoned. 2. After having heard learned Counsels on both sides, I am inclined to observe that delay has been properly explained. It 2 CHS119.09.sxw is required to be condoned. Hence, the Chamber Summons is made absolute in terms of prayer clause (a) and (b). There shall be no order as to costs. 3. Vakalatnama is already filed in the Chamber Summons. It be treated as Vakalatnama in the Suit. 4. If the Plaintiffs take out Summons for Judgment, they should serve the same upon the Advocate for the Defendant viz. Government Pleader. (R.Y. GANOO, J.)