:1: 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. 732 OF 2008 SUMMONS NO. 732 OF 2008 SUMMONS NO. 732 OF 2008 IN IN IN SUIT SUIT SUIT NO. 1497 OF 1988 NO. 1497 OF 1988 NO. 1497 OF 1988 Balkishan Murlidhar Goenka. ...Plaintiff. V/s. Aashirwad Films International Pvt. Ltd. & Ors. ... Defendants. Ms. A. Sayeed i/b. Kantawala & Co. for the Plaintiff. Mr. Jay Joshi a/w. Mr. Pathak i/b. I.R. Joshi for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 30TH 30TH 30TH SEPTEMBER 2008. SEPTEMBER 2008. SEPTEMBER 2008. P.C. P.C. P.C. : : : . Perused the Chamber Summons and the affidavit in support. 2. Mr. Joshi submits that he is appearing for Defendant Nos. 1 to 3 only in so far as the Chamber Summons is concerned and that should not be construed as a waiver of the service of the writ of summons. 3. This is a chamber summons where the writ of summons could not be served within the stipulated time by the Plaintiff’s Advocate. The suit was filed and thereafter, steps could not be taken to serve the Defendants. :2: Therefore, the Plaintiffs are now handicapped and cannot proceed with the suit. 4. In the affidavit in support the reasons are set out as to why the steps could not be taken to serve the writ of summons from the date of the institution of the suit. 5. The facts peculiar in this case and the principal being well settled that parties should not suffer on account of mistake of their Advocates, the delay in lodging the writ of summons is condoned. 6. The Plaintiff will be allowed to proceed with the suit, provided he takes steps to have writ of summons issued to all the Defendants within the period of four weeks from today and further pays cost quantified to Rs.5,000/- to the Maharashtra State Legal Services Authority within the period of two weeks from today. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)