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Bombay High CourtCHS/1069/2015

Jagannath Kedarnath Gupta And 3 ORS v. M/S Gautam Chemicals And 9 ORS

2015-10-23Hon'Ble Shri Justice A. K. Menon2 pages

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901. CHS-1069.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1069 OF 2015 IN SUIT NO.694 OF 2015 Jagannath Kedarnath Gupta & Ors.

...Applicants In the matter between Jagannath Kedarnath Gupta & Ors.

...Plaintiffs V/s.

M/s. Gautam Chemicals & Ors.

...Defendants ............

Mr. M. K. Tanna a/w Ankur Kalal i/b. P. M. Shah for the Applicants. Defendant absent.

...........

CORAM : A. K. MENON, J.

DATE : 23rd OCTOBER, 2015.

P.C.:

The present Chamber Summons seeks to implead the respondent as defendant no.11 in the Suit. In the affidavit in support of the defendants it is stated that at the time of the ad-interim application the Court was informed that defendant no.1 had sold the suit property to the said respondent vide Conveyance Deed dated 28th March, 2015. An affidavit of service of the Chamber Summons dated 10th September, 2015 has been filed. From the annexures to the affidavit, it is seen that the respondent was served by courier service on 9th September, 2015. 2] However, today the respondent is absent on call. Accordingly,

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901. CHS-1069.15.doc the Chamber Summons is made absolute in terms of prayer clause (a). The amendment will be carried out within a period of two weeks from today. Copies of the amended plaint and proceedings will be served upon the newly added defendant as well as other defendants to the Suit. There will be no orders as to costs.

(A. K. MENON, J.) wadhwa