: 1 : nms-3530-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3530 OF 2009 IN CHAMBER SUMMONS NO. 370 OF 2000 IN SUMMARY SUIT NO. 362 OF 2000 Smt. Sumitra D. Shah .. Plaintiff v/s. Gemini Steel Centre & Ors. .. Defendants And Sanjay Trilokchand Shah .. Claimant ......... Mr. Bharat Vaishnawa for the plaintiff Mr. H.V. Chande for the applicant / claimant ......... CORAM : R.Y.GANOO, J DATE : 16th AUGUST, 2011. P.C. : 1. By this chamber summons, the applicant wants that order dated 5th February, 2001 passed on Chamber Summons No.370 of 2000 be set aside. : 2 : nms-3530-09=.sxw 2. Affidavit in reply is filed by the plaintiff. I have heard learned Counsel on both sides. According to the claimant, he has not at all concerned with the defendants and property of the claimant cannot be attached. There is no explanation for what happened in the past and as to why the concerned advocate could not appear before the Court in Chamber Summons No. 370 of 2000 on 5th February, 2001. It is true that there is some delay in taking out the chamber summons, however, I am inclined to condone the delay in the facts and circumstances of this case. In my view, the plaintiff can be compensated by way of costs quantified at Rs. 3,000/-. Hence, following order is passed. ORDER (i) Notice of motion made absolute in terms of prayer clauses (a) and (b). (ii)Claimant to pay to plaintiff costs of Rs.3,000/- towards this motion. Cost be paid on or before 30th August, 2011 directly to the plaintiff. (iii) Chamber Summons No.370 of 2000 is restored to the file : 3 : nms-3530-09=.sxw and is placed for hearing on 8th September, 2011 before the appropriate bench. (iv) It is clarified that this Court has not passed any order staying the execution of the decree, which is already granted in favour of the defendants and against the plaintiffs. (R.Y.GANOO, J.)