1 chs.557.2009.doc ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS 557 OF 09 IN SUMMARY SUIT NO. 2413 OF 2008 Maxwell Industries Ltd .. Plaintiff versus Yogender G.Gupta Prop.of M/s. Gauri Shanker Gupta ..Defendant Mr.Dharmesh Jain i/by M/s.JPS Legal, for the plaintiff Mr.R.S.Champawat, for the defendant CORAM: S.J.KATHAWALLA, J. DATED: MARCH 9, 2011 P.C. By this chamber summons the defendant seeks condonation of delay of 35 days in filing the appearance / Vakaltnama of the defendant and further seeks directions that the appearance/ Vakalatnama be taken on record. The writ of summons was served on the defendant on 16th February 2009. However for reasons set out in Paragraphs 2,3,and 5 of the affidavit in support of the chamber summons the Defendant 2 chs.557.2009.doc could not file the appearance/Vakalatnama within the stipulated period. Though the Plaintiff has filed his reply to the chamber summons, the same is not forwarded by him to the Advocate for the defendant. In my view sufficient cause is shown for delay being condoned. However, the said delay has resulted in causing inconvenience to the plaintiff. Inview thereof the Advocate for the defendant undertakes to pay cost of Rs.5,000/- to the plaintiff within four weeks from today. The undertaking is accepted. The chamber summons is accordingly, disposed of in terms of prayer clause (a). ( S.J.KATHAWALLA,J )