1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1083 OF 2009 IN SUIT NO.1032 OF 2009 WITH CHAMBER SUMMONS NO.1062 OF 2010 IN SUIT NO.1032 OF 2009 Riaz Suleman Oomer .. Plaintiff Vs. M/s.Pioneer Consolidated Constructors P.Ltd.& Anr. .. Defendants Mr.Harish Yadav for the plaintiff Mr.Aditya Thakkar a/w Mr.Sayeed Mulani for the defendants CORAM : S.C.Dharmadhikari, J. DATE : October 12, 2010 P.C. : 1. This is a Chamber Summons seeking condonation of delay of 44 days in filing Vakalatnama in Summary Suit. 2. The explanation is that the defendants received a writ of summons but instead of filing the Vakalatnama in court and as the advocate of these 2 defendants was out of town they directly addressed the communication to the Prothonotary and Senior Master / Registrar (O.S.), High Court, Bombay to grant additional time to file the appearance in the court. This was on account of inadvertence and lack of knowledge of the procedure. Thereafter, the grand father of defendant no.2 was unwell and he ultimately expired. Therefore, the matter could not be attended to. 3. The plaintiff s advocate on the other hand, argues that this explanation is ’ not genuine and bonafide because the writ of summons is duly served on the defendants on 8.5.09 and they have done nothing till 21.5.09 and finally the Vakalatnama was filed on 16.6.09. In these circumstances, the delay should not be condoned as the explanation is not reasonable and satisfactory. 4. Having perused the Chamber Summons and the affidavit on record, I am of the view that in such matters a liberal view needs to be taken so as not to deprive the defendants of their right to defend the proceedings. The explanation does not seem to be so unreasonable or lacking in bonafide as projected by the plaintiffs. The delay can be compensated by payment of costs. Accordingly, Chamber summons is made absolute in terms of prayer clause (a) and (b) subject to the costs quantified at Rs.1500/- condition precedent. 5. In the light of the pendency of the Chamber Summons No.1083 of 2009, 3 Chamber Summons No.1062 of 2010 is allowed to be withdrawn and dismissed as such. ( S.C.Dharmadhikari, J. )