Jehangir Adi Wadia And 3 ORS. v. Reshamsingh Pyarasingh And 7 ORS.

1/2 35.chs481.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.481 OF 2016 IN SUIT NO.602 OF 2007 Abdul Sattar Bulaqui Farooqui & Anr.

)....Applicants (Org.Defts.7 & 8)

IN THE MATTER BETWEEN

:

Jehangir Adi Wadia & Ors.

)....Plaintiffs V/s.

Mr.Reshamsingh Pyarasingh & Ors.

)....Defendants ---- Mr.Shushrut Desai a/w Mr.Sujit Suryavanshi I/by M/s.Vigil Juris for plaintiffs.

Mr.Tejas P.Shah I/by Narayanan & Narayanan for defendant nos.1(a) to 1(d) and 2.

Ms.K.Shah I/by Kanga and Co. for defendant nos.3A to 3D, 4 & 6. Mr.R.V. Govilkar I/by Govilkar and Associates for defendant nos.7 and 8/applicants.

---- CORAM : K.R.SHRIRAM,J DATE : 9.10.2018 P.C.:- 1.

Mr.Desai for plaintiffs states that in the proposed amendment, the applicants seek to bring on record the pendency of S.C.Suit No.299 of 2005 that defendant no.7 had filed in City Civil Court, Bombay at Dindoshi. Mr.Desai states that the said suit has been dismissed on 29.4.2016 after this Chamber summons was filed and an appeal has been filed by the applicants in this court. KJ

2/2 35.chs481.16.doc 2.

Mr.Govilkar for appllicants does not dispute that and therefore, seeks leave to withdraw this Chamber summons with liberty to take out fresh Chamber summons with appropriate schedule. 3.

Chamber summons dismissed as withdrawn with liberty as prayed for.

4.

Mr.Desai for plaintiffs states that defendant no.1E Satinderpal Singh Resham Singh expired on 2.9.2018 and his legal heirs have to be brought on record. Mr.Desai relies upon a letter dated 5.10.2018 from Narayanan & Narayanan- Advocates informing plaintiffs' advocate about the demise of defendant no.1E and who the legal heirs are. Mr.Desai tenders draft amendment which is taken on record and marked `X' for identification.

5.

Leave to amend as per the draft granted. Amendment to be carried out within one week from today.

6.

Amended plaint to be served on the newly added defendants within one week. The fresh writ of summons on the newly added defendants (those who are not originally defendants) to be served within two weeks.

7.

Stand over to 30.11.2018 for directions.

by Jahagirdar Kiran Ganesh Date:

2018.10.10 03:42:34 +0530 Jahagirdar Kiran Ganesh (K.R.SHRIRAM,J) KJ