Bhaskartej Construction Pvt. Ltd. v. Bhalchandra Shambhoo Hedvkar And 22 ORS.

18 CHS 641 OF 2018 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.641 OF 2018 IN SUIT NO.2461 OF 2006 Bhaskartej Construction Pvt.

Ltd., ...

Applicant/plaintiff.

V/s.

Bhalchandra Shambhoo Hedavkar and 22 ors ...

Respondents Mr. Pratik Kothari i/by Yogesh Adhia,for the Plaintiff. Mr. Sameer Bhalekar, for defendant Nos. 1 to 4. Mr. Aafreen Noor i/by Economic Laws Practice for defendant No.21.

Mr. Mustafa Kachwala i/by Kachwala Misar & Co., for defendant Nos.12A, 12B, 12C.

CORAM : N. J. JAMADAR, J.

DATE : 19th November, 2019.

P.C. :

1] This Chamber Summons is taken out by the plaintiff to delete the name of defendant No.13 from the cause title of the plaint. 2] The defendant No.13 is stated to have expired on 5th August, 2016 issue-less. It is further averred that defendant Nos. 11, 12, (a), 12(b) 12(c), 14(a), 14(d), 15(a) and 15(d) and 16 to 18 represent the estate of deceased defendant No.13.

3] In view of the averments made in the affidavit in support of the 1/2

18 CHS 641 OF 2018 Chamber Summons that defendant No.13 died issue-less and her estate is represented by the parties who are already on record, the Chamber Summons is made absolute in terms of prayer clause (a) and (b). 4] The plaintiff shall carry out the necessary amendment in the plaint as also in the Notice of Motion No.1800 of 2017 and Notice of Motion No.1764 of 2017, in accordance with the schedule, within a period of three weeks from today and furnish copies of the amended plaint and Notice of Motion, to the defendants.

5] The Chamber Summons No.641 of 2018 stands disposed of accordingly.

6] Stand over to 17.12.2019.

[N. J. JAMADAR, J.] 2/2