: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1072 OF 2009 IN SUMMARY SUIT NO.209 OF 2009 M/s. Supra Enterprise .. Plaintiffs V/s. M/s. Bygging India Ltd. .. Defendants ..... Mr. Nilesh Mody a/w. Yogesh Tikam i/by Rustomji & Ginwalal for the plaintiffs Dr. Santosh Raje for defendants in support of Chamber summons. ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 31ST JULY, 2009. P.C. : 1. This is a Chamber Summons by the defendants seeking leave of this Court to enter appearance. 2. It is stated that this chamber summons is moved without prejudice to the rights and contentions of the defendants on the issue of maintainability of the suit as a summary suit. 3. It is stated that this suit was filed originally as ordinary suit in Delhi High Court and thereafter the plaint was directed to be returned for presentation to the competent Court that is how, this suit is instituted in this Court and now the plaintiffs are invoking order 37 of the Code of Civil Procedure and by stating that no : 2 : Vakalatnama is filed, they may apply for ex-parte decree. 4. The Counsel appearing for the plaintiffs states that these objections have no relevance insofar as the filing of this chamber summons and it is for the defendants to satisfy the Court as to why there is a delay in filing this Vakalatnama, although the period stipulated Is 10 days from the date of receipt of writ of summons. 5. I have heard learned advocates and perused the chamber summons, affidavit in support and reply. 6. In my view, at this stage, it is not necessary to decide any wider controversy. The issue of maintainability of this suit can be kept open for being urged at appropriate stage. I am satisfied that the defendants have made out sufficient cause for condoning the delay in filing Vakalatnama. The delay accordingly stands condoned but the defendants must pay costs quantified at Rs.2,500/- to the plaintiffs advocate within a period of 3 weeks from today. If the costs are tendered, the Vakalatnama shall be taken on file and thereafter, the plaintiffs can move summons for judgment. If the costs are not paid, then, this chamber summons to stand dismissed without any further reference to the Court. (S.C. DHARMADHIKARI, J.)