: 1 : chs-1476-10=.sxw aUSJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1476 OF 2010 IN SUMMARY SUIT NO. 927 OF 2008 M/s. Supreme Steel Impex .. Plaintiff v/s. M/s. Yagnam Pulverieser Pvt. Ltd. .. Defendant ......... Mr. Shailesh Thakkar for the plaintiff Mr. Mohan A. Dharmaraj for the applicant / defendant ......... CORAM : R.Y.GANOO, J. DATE : 22nd DECEMBER, 2010 P.C. : 1. The summons for judgment was served upon the advocate for the defendant on 1st April, 2009. This chamber summons is taken out to condone the delay of 1 ½ years on the part of the defendant in filing the affidavit-in-reply to the summons for Judgment. This chamber summons is taken out on 14th October, 2010 i.e. after about 1 ½ years. In the affidavit in support of the chamber summons, it is stated that the defendant who is the Director of the Company was under mental stress on account of some personal problems. Apart from that, there is no other explanation coming forth as to why the defendant company through its proper officers did not contact the advocate to attend to the matter. Certain submissions are made as regards grant of leave under : 2 : chs-1476-10=.sxw Clause 12 of Letter Patent behind the back of the defendant. 2. It is noted that the defendant is a limited company therefore, staff of limited company could have contacted the concerned advocate and taken steps to protect the interest of the company. Even if it is accepted that one Director of the company was under mental stress, nothing prevented other director to attend to the matter. In my view, the delay is not properly explained and, therefore, this chamber summons cannot be granted. The objection as regards securing leave under Clause 12 behind back of the defendant, cannot survive because there is no question of hearing the defendant at the time of grant of leave. If at all, the defendant was interested in applying for revocation of the leave, he could done so soon after the writ of summons is served upon the plaintiff. In view of the above, following order is passed to dispose of the chamber summons. ORDER (i) Chamber summons is dismissed. There shall be no order as to costs. (ii) Summons for Judgment to appear on board on 20th January, 2011 for hearing in accordance with the provisions of law. (R.Y.GANOO, J.)