Taru J. Lalwani v. Mahendra K. Mehta And ORS. And Jetu J. Taru Lalvani And 3 ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 232 OF 2006 IN SUIT NO. 504 OF 1977 Mr. Jetu Jacques Taru Lalvani and Ors. ...
Applicants
IN THE MATTER BETWEEN :
Mr. Taru Jethmal Lalvani ...
Plaintiff
Versus
Mr. Mahendra Kantilal Mehta & Ors.
...
Defendants ALONG WITH CHAMBER SUMMONS NO. 292 OF 2012 IN SUIT NO. 504 OF 1977 Mr. Jetu Jacques Taru Lalvani and Ors. ...
Applicants
IN THE MATTER BETWEEN :
Mr. Taru Jethmal Lalvani ...
Plaintiff
Versus
Mr. Mahendra Kantilal Mehta & Ors.
...
Defendants And Mrs. Vimla Lalvani and Ors.
...
Respondents Mr. N.K. Mudnaney for the Applicants.
None for the Defendants.
CORAM : S.J. KATHAWALLA, J.
DATED : 27 TH OCTOBER, 2015 P.C.
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On 20 th January, 2012 this Court ( Coram : D.G. Karnik, J.) passed the following order :
"1 Learned counsel for the applicants who have taken out this chamber summons states that defendant nos. 2 and 3 have died. He further states that it is not necessary to bring the heirs of the defendant nos.2 and 3 on record. In view of the statement, the names of the defendant nos. 2 and 3 be deleted from the chamber summons as they have died.
2 So far as defendant no.1 is concerned, he has not been served. The applicants are directed to take the steps for service on defendant no. 1 within a week. If such steps are not taken within a week, the chamber summons shall stand dismissed qua him under Order IX Rule 5 of the Code of Civil Procedure. If steps are taken within a week, chamber summons is made returnable after eight weeks". 2.
The learned Advocate appearing for the Applicants states that though the Advocate for the Applicants took steps to serve Chamber Summons No. 232 of 2012 on Defendant No. 1, he was not served. In view thereof, the Advocate for the Applicants has served Chamber Summons No. 232 of 2012 as well as Chamber Summons No. 292 of 2012 on Defendant No. 1 by substituted service, as can be seen from the Affidavit dated 19 th October, 2015, which is taken on record. The Chamber Summons No. 232 of 2012 is therefore allowed. 3.
The Chamber Summons No. 292 of 2012 has become infructous in
3 / 3 view of the order passed by this Court ( Coram : D.G. Karnik, J.) dated 20th January, 2012. Chamber Summons No. 292 of 2012 is therefore disposed off as infructous.
4.
The above Suit to be transferred to the City Civil Court, Mumbai. 5.
Chamber Summons No. 232 of 2006 is accordingly disposed of. ( S.J.KATHAWALLA, J. )