Municipal Corporation Of Greater Mumbai v. Udaykumar Ambonkar And 3 ORS

38.78.17-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.78/2017 IN CONTEMPT PETITION (L) NO.48/2014 IN WRIT PETITION (L) NO.871/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Kavita Anchan i/b. M. V. Kini & Co. for the applicant CORAM : K. K. TATED, J.

DATE : MARCH 20, 2017 P.C.:

1.

Heard. The learned counsel for the applicant submits that the Chamber Summons is for deleting the name of respondent No.2 Sharad Rao from the cause title of the contempt petition.

2.

The learned counsel for the applicant submits that during pendency of the Writ Petition, the respondent No.2 Sharad Rao expired. Hence, they seek permission to delete the name of respondent No.2.

Basavraj G Patil 1/2

38.78.17-chs 3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of the Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons.

4.

Hence, the following order:

a) The Chamber Summons is allowed in terms of prayer clause (a) which reads thus:

"(a) That this Hon'ble Court be pleased to allow the petitioner to delete respondent No.2 from the array of parties as respondent No.2 has expired on 01.09.2016."

b) Amendment to be carried out within two weeks from today, failing which the Chamber Summons shall stand dismissed without further reference to the court.

c) Chamber Summons stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2