Smt. S. S. Jhuria And ANR. v. Durgaprasad R. Poddar And Uma Durgaprasad Poddar And Arun Kumar Keyal And 2 ORS. (Applicants)

Nitin 1 / 2 MNOB-CHSL-474-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 447 OF 2015 IN SUIT NO. 3433 OF 1997 Arun Kumar Keyal and Ors.

...

Applicants

IN THE MATTER OF :

Shantidevi Sohanlal Jhuria and Ors.

...

Plaintiffs

Versus

Durgaprasad Ramniwas Poddar and Anr.

...

Defendants Mr. Rahul Jain a/w. Ms. Mamta Kadam i/b. Res Legal for the Applicants. Mr. Kirit Mody i/b. Bhaishankar Kanga and Girdharlal for the Plaintiffs. Mr. Kamal Bulchandani a/w. Mr. Deepesh Siroya i/b. Zohair and Company for Defendant Nos. 1 and 2.

CORAM : S.J. KATHAWALLA, J.

DATED : 16 TH FEBRUARY, 2016 P.C.

1.

Mentioned. Not on board. Taken on board.

2.

Perused the Chamber Summons and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clauses (i) to (iii), which are reproduced hereunder :

(i) This Hon'ble Court be pleased to set aside the abatement of the above Suit as against original Plaintiff No. 2.

(ii)That this Hon'ble Court be pleased to condone the delay of 3523 days in filing the above Chamber Summons.

(iii)That the Applicants be brought on record as heirs and legal representatives of original Plaintiff No. 2 as Defendant Nos. 3 to 5 in the

Nitin 2 / 2 MNOB-CHSL-474-2015 above Suit.

"

2.

Amendment to be carried out within a period of one week from today. 3.

The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. )