1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 834 OF 2008 IN EXECUTION APPL NO 209 OF 2004 IN SUMMARY SUIT NO. 610 OF 1993 Maheshwari Polyspin Pvt Ltd .. Plaintiffs Vs Ratan Nemichand Jain & 3 Ors .. Defendants Mr. S.P. Kanuga for the Plaintiffs Mr. Robin Fernandes with Mr. S.K. Chaurasia i/b A.M. Sarogi for Defendant Nos. 1 to 3 CORAM : DR. D.Y. CHANDRACHUD, J DATE : 28th APRIL, 2009. P.C.: 1. The Chamber Summons has been taken out for condoning a delay of 4 years and 3 months for filing an application for setting aside an order passed by the Prothonotary and Senior Master on 2nd December, 2003. By the order of Prothonotary, the execution application was dismissed for non removal of office objection. The delay has been explained in Paragraphs 10, 11, 12 and 13 of affidavit in support. An important circumstance is Rma CHS83408280409.sxw 2 that Shri. K.R. Dhanuka who had entered appearance for the Plaintiff died on 10th May, 2006. The delay even prior to the said date has been satisfactorily explained. In the circumstances, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). The Plaintiff shall have a period of six weeks for removing the office objections failing which the Execution application shall stand dismissed. (DR. D.Y. CHANDRACHUD, J) Rma CHS83408280409.sxw