Case Note & Summary
The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swastik Enterprises, seeking condonation of a 282-day delay in filing Vakalatnama and a direction to take the Vakalatnama on file. The Plaintiff had filed a summary suit against the Defendant for recovery of Rs. 1,35,00,065/- with penal interest at 24% per annum, arising out of a work order dated 17th June 2016 for RCC civil work at Vasai Mall. The Plaintiff claimed that despite completing work, the Defendant failed to make payments. The Defendant sought to contest the suit but delayed in filing Vakalatnama due to change of advocates and internal communication issues. The Court, after hearing both sides, found that the delay was not intentional and that the Defendant had a valid defence. The Court condoned the delay subject to payment of costs of Rs. 25,000/- to the Plaintiff, to be paid within two weeks, and directed that the Vakalatnama be taken on record. The Court also granted the Defendant leave to file an affidavit in defence within four weeks.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - The Court considered whether the delay of 282 days in filing Vakalatnama by the Defendant in a summary suit should be condoned. The Defendant attributed the delay to change of advocates and internal communication issues. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay subject to costs of Rs. 25,000/- payable to the Plaintiff (Paras 1-10).
Issue of Consideration
Whether the delay of 282 days in filing Vakalatnama on behalf of the Defendant in a summary suit should be condoned?
Final Decision
The Court allowed the Chamber Summons, condoned the delay of 282 days in filing Vakalatnama subject to payment of costs of Rs. 25,000/- to the Plaintiff within two weeks, and directed that the Vakalatnama be taken on record. The Defendant was granted four weeks to file an affidavit in defence.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach
- Summary suit
- Vakalatnama
- Delay of 282 days
- Costs
