1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 191 OF 2010 IN SUMMARY SUIT NO. 1451 OF 2003 NHB Beaaring Limited .... Plaintiff. V/s Vajra Industries Ltd. .... Defendant. ---- Ms. Vishal Lohire i/b Negandhi Shah & Himayatullah, for the Plaintiff. Mr. Jitendra Ranawat, for the Defendant. --- CORAM: V.M. KANADE, J. DATE : 17 th FEBRUARY 2010 . P.C.: 1. Heard the learned counsel appearing on behalf of the Plaintiff and the learned counsel appearing on behalf of the Defendant. 2. This Chamber Summons is taken out by the Defendant for condonation of delay of 24 days in filing his appearance after the writ of summons was served on the Defendant. The learned counsel appearing on behalf of the Plaintiff has filed the affidavit of service and vehemently opposed the reliefs prayed by the Defendants. The writ of summons was served on 8.12.2009 and affidavit of service 2 was filed on 12.1.2010. In the affidavit-in-support of the Chamber Summons Defendant has stated he was not aware until 8.12.2009 that the Plaintiff had filed the said suit. He had stated that the writ of summons was published in the local Gujarati newspaper ‘Sandesh’ at Gujrat and since it is not a daily newspaper only after his well-wishers had brought to his notice about the said publication and he came to know that the Plaintiff had filed this suit. Therefore, he immediately contacted his Advocate in Gujrat who advised him to write a letter to the Plaintiff requesting the Plaintiff to serve a copy of the plaint and therefore he wrote the letter on 8.12.2009. However, there was no response from the Plaintiff’s Advocate and therefore he sent a reminder on 12.12.2009. On 18.12.2009 he had received a copy of the plaint along with covering letter and only thereafter he was in a position to engage the Advocate at Mumbai to file his Vakalatnama. 3. In my view for the reasons stated in the affidavit-in- support sufficient cause has been shown by the Defendant for condonation of delay in filing Vakalatnama. The delay is therefore condoned. Vakalatnama may be taken on record. The Chamber Summons is allowed and same is disposed of. [V.M. KANADE, J.] 3