Sushant R. Acharya v. Nandkishore A. Acharya And ORS. And Nikita Suishant Acharya (Applicant)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 850 OF 2019 Nikita Sushant Acharya Flat No.9, 3rd Floor, Mayur Corner, Prabhat Lane No.4, Near Deccan Gymkhana, Pune-411 004.

... Applicant

IN THE MATTER BETWEEN:

Mr. Sushant Acharya Flat No.9, 3rd Floor, Mayur Corner, Prabhat Lane No.4, Near Deccan Gymkhana, Pune-411 004.

... Plaintiff V/S.

1.

Nandkishore Anandrao Acharya Shinghe Building, Dr. Bhadkamkar Marg, (Lamington Road), Sandhurst Bridge Branch, Mumbai - 400 004.

2.

Dena Bank (since deleted) Dena Bank Corporate Centre, Bandra Kurla Complex, 'G' Block, Bandra (East), Mumbai - 400 005.

3.

Mrs. Surekha Jayant Thakur C-2, Pranali Hsg. Society, Damle Path, Eradwane, Pune - 411 004.

4.

Mrs. Suvarna R. Paranjape, 60, Deshpandepuram, 5th Floor Behind Dashabhuja Ganpathi, Pune.

5.

Smt. Kamal K. Kavathekar Flat No.903, A/4, Karishma Housing Society, S. No. 17/2, Near Sangam Press Karve Road, Kothurd, Pune - 411 004.

5A. Mr. Amol Aravind Ranade, 8, Vardhman Society, Off. Pandit Nehru Road, Lonavala - 410401, District - Pune.

5B.

Ms. Amita Aravind Ranade, (After marriage Mrs. Amita Sameer), Tamane, Residing at 2128, Wicklow Road, Naperville, Illinois - 60564.

... Defendants Ms. Rajalaksmy Mohandas for Plaintiff / Applicant. Mr. Shailendra S. Kanetkar for Defendant No.1. CORAM : B. P. COLABAWALLA, J.

DATED : 30th July, 2019.

P.C.

This Chamber Summons has been filed by the Applicant who is the legal heir of the Plaintiff who expired on 30.03.2019. Having gone through the Affidavit-in-support of the Chamber Summons, the same is allowed in terms of prayer Clauses (a), (b) and (c) read thus:

(a) That the delay in filing the present application be condoned;

(b) That the Applicant being legal heir of the deceased Plaintiff Mr. Sushant Acharya be brought on record in place and stead of the said deceased Plaintiff. (c) That the Plaintiff be permitted to carry out consequential amendments to the Plaint and proceedings;

2.

The amendment shall be carried out within a period of one week from today and the amended copy of the plaint shall be served on all the Defendants within a period of one week thereafter. The Chamber Summons is accordingly disposed of. No order as to costs.

(B. P. COLABAWALLA, J.)