Bombay High CourtCHS/387/2017disposed off

The Special Land Acqun. Officer(7) And Parsi Panchayat Funds And Properties And ORS. (Claimants) v. The Commissioner Of Gr.Mum.(Acqn.Body.) And Trust Of Parsi Punchayat Funds And Prop. And 6 ORS.(App

2017-04-18Hon'Ble Shri Justice K.K. Tated2 pages

40 chs387-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.387 OF 2017 IN LAND ACQUISITION REFERENCE NO.2 OF 2004 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Agnel Carneiro a/w Mr.Vaibhav Shah i/b M/s.Mulla and Mulla and Craigie Blunt and Caroe for the applicant / org.claimant Mr.Kedar Dighe, A.G.P. for the Special Land Acquisition Officer CORAM : K. K. TATED, J.

DATE : APRIL 18, 2017 P.C.:

Heard the learned counsel for the parties.

This Chamber Summons is preferred by Claimant no.1 Trustees of Parsi Punchayat Funds and Properties for bringing on record the present names of the trustees. Those are as under:

1. (a) Minoo Rustomji Shroff

1. (b) Smt.Silloo Kaikhushroo Kavarana

1. (c) Dinshaw Rusi Mehta

1. (d) Dadi Bejoinji Engineer

1. (e) Dinshaw Kaiki Tamboly

1. (f) Maneck Hormusji Engineer

1. (g) Burjor Hormusji Antia Mohite 1/2

40 chs387-17 Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons. Hence, following order is passed:

a) Delay in preferring Chamber Summons is condoned.

b) Applicant Special Land Acquisition Officer No.7 to carry out appropriate amendment in cause title of L.A.R.No.2 of 2004 by deleting the earlier trustees of Claimant no.1 and by bringing the present trustees on record.

c) Amendment be carried out within four weeks from today.

d) Amended copy of L.A.R.No. 2 of 2004 be served on added Claimants.

e) The learned counsel for the applicant trust waives service of added Claimants.

f) Chamber Summons stand disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2