Asif Ahmedally Porbandarwalla v. Daulat Akbarali Probandarwalla And ORS And Zareer A. Porbunderwalla And 2 ORS.

78.CH.S.717.19 in S.2393.01.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 717 OF 2019 IN SUIT NO. 2393 OF 2001 WITH SUIT NO. 2393 OF 2001 Asif Ahmedally Porbandarwalla ...

Applicant/Plaintiff

Versus

Daulat Akbarali Porbandarwalla & Ors.

...

Defendants And Zareer A. Porbunderwalla & Ors.

...

Respondents Mr. Ziyad Madon with Mr. Sachin Kudalkar i/b Madekar & Co. for the Plaintiff.

Mr. Vinit Ahuja for Defendant No.1.

Mr. Akshay Sawant i/b M/s. Chitnis Vaithy & Co. for Defendant Nos.5 to 7. CORAM :R.I. CHAGLA, J.

DATED : 28th AUGUST, 2019.

P.C. :

The Chamber Summons has been taken out in the above Suit for amendment of the plaint in terms of the proposed amendments set out in the schedule annexed to the Chamber Summons. The amendment sought to be brought is the deletion in the name of Defendant No.5 who Waghmare 1/2

78.CH.S.717.19 in S.2393.01.doc has expired and for bringing the legal heirs of Defendant No.5 as Defendant Nos.5(a) to 5(c) on record. The amendment also seeks the deletion of the name of Defendant No.3 against whom the Suit does not survive as she was joined only in her capacity as trustee of the Ali Mohamed K. Porbanderwala Family Trust. There is no opposition to the relief being granted in the Chamber Summons.

Accordingly, the Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c). The Plaintiff shall carry out the amendment within a period of two weeks from the date of this order. Chamber Summons is accordingly disposed of.

The Suit shall be placed for marking of documents on 26.09.2019.

(R.I. CHAGLA, J.) Waghmare 2/2