1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1352 OF 2007 IN SUMMARY SUIT NO.1031 of 2007 Harakchand T. Shah .. Plaintiff versus M/s.Valkal & ors. .. Defendants ... Mr.G.B. Panchal for the plaintiff. Mr.Sajan Ommen for defendant nos.1, 4 and 5. Mr.A.N. Kate for defendant nos.2 and 3 in support of Chamber Summons. CORAM : D.G. KARNIK, J DATED : 29th April 2009 P.C.: 1. Heard learned counsel for the applicant - defendant nos.2 and 3 and learned counsel for the plaintiff. 2 2. This Chamber Summons is taken out by the defendants for condonation of a delay in filing the appearance. The delay has been explained in paragraph no.7 of the affidavit in support. No affidavit has been filed by the respondent denying the averments made in paragraph no.7. Hence, delay is condoned but subject to payment of costs of Rs.1,000/- as condition precedent. Costs shall be paid to Maharshtra State Legal Services Authority or at the discretion of the defendants to Kirtikar Law Library, High Court, Mumbai on or before 10th June 2009. In the event the costs are not paid before the said date, chamber summons shall stand dismissed. S.O. to 18th June 2009. (D.G. KARNIK, J)