1 CHS780.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 780 OF 2009 IN SUMMARY SUIT NO. 2246 OF 2008 Vinod Sanganeria. ... Plaintiff. V/s. Nirav Mehta. ... Defendant. Mr. M.K. Jain for the Plaintiff. None for the Defendant. CORAM : R.Y. GANOO, J. DATED : 29th SEPTEMBER 2010. P.C. :- Not on Board. Taken on Board. After the filing of the Summary Suit, the Plaintiff has taken out Summons for Judgment No.365 of 2008. Thereafter, the Defendant has taken out this Chamber Summons seeking condonation of delay in filing affidavit in reply and further praying that affidavit in reply be taken on record. This Chamber Summons was taken out in April 2009. Learned Counsel Mr. M.K. Jain appearing on behalf of the Plaintiff states that the Defendant has not served copy of this Chamber Summons upon him or upon his client. Statement made by the learned Counsel Mr. Jain across the bar is required to be 2 CHS780.09.sxw accepted. If copy of the Chamber Summons is not served upon the Plaintiffs or his Advocate till today, the Chamber Summons cannot go ahead and it will have to be dismissed. 2. In view of the above, following order is passed to dispose of the Chamber Summons :- (i) The Chamber Summons is dismissed. (ii) There shall be no order as to costs. 3. Perusal of the affidavit in support of the Chamber Summons goes to show that copy of the Summons for Judgment was already served upon the Defendant. Hence, it is necessary to hear the Summons for Judgment on merits. Accordingly, the Summons for Judgment is being taken up for hearing. (R.Y. GANOO, J.)