United India Constructionco. And ANR. v. Manjitsingh Sukhdevsingh Lamba And 2 ORS.And Sanjay Shivcharan Dunkudu And 2 ORS. (Pro. Defendants)

44-CHS687-19+.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMON NO. 687 OF 2019 IN SUIT NO. 484 OF 1995 M/s. United India Construction Company (Regd.) and ors.

...Applicants In the matter between M/s. United India Construction Company (Regd.) and ors.

...Plaintiffs

Versus

Harjotsingh Sukhdevsingh Lamba & ors.

...Defendants And Ravi Kumar Talwar & ors.

...Defendants Ms. Jaishree Surati, i/b S. Ashwinikumar & Co., for the Applicants/Plaintiffs.

Mr. Amit Bhave, i/b Milan Bhise, for Defendant nos.4A to 4C.

CORAM:

N. J. JAMADAR, J.

DATED :

4th NOVEMBER, 2019 PC:- 1.

The plaintiffs have taken out this Chamber Summons to bring the legal representatives of deceased defendant no.3 Smt. Asha Shivcharan nee Smt. Harjitkaur Sukhdevsingh Lamba. It is submitted that the factum of the death of defendant no.3 on 2nd March, 2019 was brought to the notice of the learned Counsel for the plaintiffs by a communication dated 2nd May, 2019, addressed by M/s. S. Ashwinkumar & Co., the learned Counsel, who represented deceased defendant no.3. Copy of death certifcate issued by the Municipal Corporation Greater 1/2

44-CHS687-19+.DOC Mumbai, which indicates that defendant no.3 died on 2nd March, 2019, and the list of three legal representatives of deceased defendant no.3, were also furnished by the Counsel who represented the deceased defendant no.3.

2.

In the aforesaid backdrop, it becomes evident that the plaintiffs have taken out the Chamber Summons for impleading the legal representatives of deceased defendant no.3, as intimated by the learned Counsel for the deceased defendant no.3.

3.

Thus, the Chamber Summons stands allowed in terms of prayer Clauses (b) and (c). Necessary amendment be carried out within three weeks from today.

4.

Thereafter, writ of summons be issued to the newly impleaded legal representatives of deceased defendant no.3, returnable on 16th December, 2019.

[N. J. JAMADAR, J.] 2/2