IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1519 OF 2006 SUMMONS NO. 1519 OF 2006 SUMMONS NO. 1519 OF 2006 SHARMILA SHARMILA SHARMILA S. CHEMBURKAR & ANR. ... S. CHEMBURKAR & ANR. ... S. CHEMBURKAR & ANR. ... APPLICANTS/ APPLICANTS/ APPLICANTS/ PLAINITIFFS. PLAINITIFFS. PLAINITIFFS. VS. VS. VS. B. B. B. GANESH KUMAR & ANR. GANESH KUMAR & ANR. GANESH KUMAR & ANR. ......... DEFENDANTS. DEFENDANTS. DEFENDANTS. MRS. MRS. MRS. NIPA SINGH I/B. MAHESH MENON & CO. FOR NIPA SINGH I/B. MAHESH MENON & CO. FOR NIPA SINGH I/B. MAHESH MENON & CO. FOR THE THE THE PLAINTIFFS. PLAINTIFFS. PLAINTIFFS. MS. MS. MS. SHRUTI MANIAR I/B. SHAMIM & CO. FOR THE SHRUTI MANIAR I/B. SHAMIM & CO. FOR THE SHRUTI MANIAR I/B. SHAMIM & CO. FOR THE DEFENDANTS. DEFENDANTS. DEFENDANTS. ..... ..... ..... CORAM CORAM CORAM : A.M.KHANWILKAR, J. : A.M.KHANWILKAR, J. : A.M.KHANWILKAR, J. DATE DATE DATE : April 5, 2007. : April 5, 2007. : April 5, 2007. .... .... .... P.C. P.C. P.C. 1.1.1. After After After an Order was passed in the morning an Order was passed in the morning an Order was passed in the morning sessions sessions sessions dismissing the Chamber Summons for default, dismissing the Chamber Summons for default, dismissing the Chamber Summons for default, the the the Counsel for the Applicants- Plaintiffs mentioned Counsel for the Applicants- Plaintiffs mentioned Counsel for the Applicants- Plaintiffs mentioned the the the matter before rising of the Court. Counsel was matter before rising of the Court. Counsel was matter before rising of the Court. Counsel was given given given liberty liberty liberty to mention the matter at 3’O Clock, after to mention the matter at 3’O Clock, after to mention the matter at 3’O Clock, after giving giving giving notice to the advocate for the other side. notice to the advocate for the other side. notice to the advocate for the other side. According According According to the learned Counsel for the applicants - to the learned Counsel for the applicants - to the learned Counsel for the applicants - Plaintiffs, Plaintiffs, Plaintiffs, at at at the relevant time he was held up in some the relevant time he was held up in some the relevant time he was held up in some other other other Court. As the reason mentioned being reasonable Court. As the reason mentioned being reasonable Court. As the reason mentioned being reasonable cause, cause, cause, Order passed in the morning Session dismissing Order passed in the morning Session dismissing Order passed in the morning Session dismissing the the the Chamber Summons for default, is hereby recalled. Chamber Summons for default, is hereby recalled. Chamber Summons for default, is hereby recalled. The The The Chamber Summons is restored to file. Chamber Summons is restored to file. Chamber Summons is restored to file. 2.2.2. After After After hearing the Counsel on both sides and hearing the Counsel on both sides and hearing the Counsel on both sides and going going going through the affidavit-in-support of the Chamber through the affidavit-in-support of the Chamber through the affidavit-in-support of the Chamber Summons, Summons, Summons, for the reasons mentioned therein, there is for the reasons mentioned therein, there is for the reasons mentioned therein, there is sufficient sufficient sufficient cause for condonation of the delay, in as cause for condonation of the delay, in as cause for condonation of the delay, in as much much much as the delay is only of 53 days. In the interest as the delay is only of 53 days. In the interest as the delay is only of 53 days. In the interest of of of justice, therefore the Chamber Summons is made justice, therefore the Chamber Summons is made justice, therefore the Chamber Summons is made absolute absolute absolute in terms of Prayer clause (a) to (c), in terms of Prayer clause (a) to (c), in terms of Prayer clause (a) to (c), including including including the amended prayer clause. the amended prayer clause. the amended prayer clause. 3.3.3. Leave Leave Leave to amend is granted asked for after the to amend is granted asked for after the to amend is granted asked for after the relief relief relief of setting aside the abatement. Amendment to of setting aside the abatement. Amendment to of setting aside the abatement. Amendment to be be be carried out in the course of the day. carried out in the course of the day. carried out in the course of the day. ..... ..... ..... [A.M.KHANWILKAR, [A.M.KHANWILKAR, [A.M.KHANWILKAR, J.] J.] J.]