1 chs1977-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1977 of 2009 . in Summary Suit No.411 of 2009 Mangla International Pvt. Ltd. & Others .. Plaintiffs v/s. Mid-day Multimedia Ltd. ..Defendants Mr.Rajeev Kumar i/b. Shah Legal for the Plaintiffs. Mr.Madhur Baya for the Defendant No.1 CORAM : R.Y.GANOO, J. DATED : 19th July, 2010 P.C. : 1. Original affidavit in reply filed by the plaintiffs is not on record. Copy of the same was provided to the Court by learned Counsel Mr. Rajiv Kumar. 2. Heard learned advocates on both sides. Defendants claim that their Company Secretary had forwarded their vakalatnama through the delivery boy to the concerned Advocate and the said Company Secretary felt satisfied that the job has been done and the 2 chs1977-09.sxw vakalatnama has been filed. It is only when the Company Secretary came to know from the advocate that the matter is posted for ex-parte decree, steps were taken to take out present Chamber Summons. The defendants have shown negligence in the matter of prosecuting the suit. The responsibility of the Company Secretary did not end when he had sent vakalatnama through the delivery boy to the advocate. It was necessary for the defendants as a whole to prosecute the matter and confirm that the vakalatnama is filed. 3. There has been delay of 236 days in filing vakalatnama. In my view, the defendants can be put to terms by directing them to costs of Rs. 15,000/- for the purpose of filing Vakalatnama . Accordingly, the Chamber Summons is disposed of by passing following order: ORDER i) Chamber Summons is made absolute in terms of prayer clause (a) on paying to the plaintiffs quantified costs of Rs.15,000/- (Rupees Fifteen Thousand Only) ii) Costs to be paid on or before 27.7.2010. Plaintiffs to take out summons for judgment. 3 chs1977-09.sxw iii) In view of the aforesaid order, the Chamber Summons No.810 of 2010 does not survive and is disposed of accordingly. If plaintiffs apprehend that defendants by their overtact would defeat the claim of the plaintiffs much before taking out the summons for judgment, plaintiffs are at liberty to take out appropriate proceeding to protect their interest. iv) Vakalatnama to be filed in the office within two days after paying the costs to the plaintiffs. Along with vakalatnama defendants shall annex proof of payment of costs to the plaintiffs. [R.Y.GANOO, J.]