:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 848 OF 2008 SUMMONS NO. 848 OF 2008 SUMMONS NO. 848 OF 2008 IN IN IN SUIT SUIT SUIT NO. 3074 OF NO. 3074 OF NO. 3074 OF 2003 2003 2003 Mahindra & Mahindra Limited. ... Plaintiff. V/s. Kirloskar AAF Limited. ... Defendant. Mr. Kirit Modi i/b. M/s. J.M.B. Partners for the Plaintiff. Mr. Pardiwala & Co. for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons by the Plaintiff, who is a Defendant to the Counterclaim. 2. It is stated that there is a delay of 300 days in filing a reply to the Counterclaim, which is satisfactorily explained. 3. There is no affidavit in reply filed to the Chamber Summons and therefore, presumption can be raised that the statements are uncontroverted, true and correct. In this view of the matter, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). Subject to the Plaintiff paying costs quantified at Rs.2,500/- to the Defendant to be paid within two weeks from today. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)