1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1838 OF 2009 IN SUMMARY SUIT NO. 1394 OF 2007 Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Prothonotary/ Registrar's orders Court's or Judge's orders. Mr. N.M.Shah for the plaintiff. Mr. Ajay Panicker i/by Ajay Law Associates for the defendant. CORAM : R.S. MOHITE, J. DATE : 27th July, 2010 P.C. :- 1 This is a chamber summons taken out by the original defendant for condonation of 888 days delay in entering the appearance of the advocate in the aforesaid suit. In the affidavit in support, the defendant has fairly stated that the copy of the plaint of the summary suit was served on his office. This can also be seen from the affidavit of service which is dated 27.7.2007, which is tendered 2 and taken on record today. The case of the defendant is that he is running a travel agency and since his name was not shown as Proprietor his employee kept the papers received through post along with other travel documents. He claims that, in this situation, delay is not intentional. No reply is filed to this chamber summons which is served upon the plaintiff in Nov. 2009. In such circumstances, though the delay is for a long period of time, in the interest of justice and the averments are not specifically denied, I am inclined to grant chamber summons subject to payment of costs. Chamber summons is allowed in terms of prayer clause (a) subject to payment of costs of Rs. 5000/- to be paid within 4-weeks. If the costs is not paid within 4-weeks then chamber summons will stand dismissed. (R.S. MOHITE, J.)