Villayati Ram Mittal v. 1(A) Chirag Mahesh Khandwala And 4 ORS.(Def) And Veena Bhupendra Khandwala And 2 ORS(Resp)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.782 OF 2017 IN SUIT NO.2877 OF 2007 M/s. Villayati Ram Mittal ....Applicants/Plaintiffs Vs.

Mahesh Jayantilal Khandwala and Ors.

....Defendants ---- Mr. S.K. Chaurasia i/b. SKC Legal for applicants/plaintiffs. Mr. B.B. Parekh for defendant nos.1 to 4 and for respondents in CHS/782/2017.

Mr. Sanjeev Singh for defendant no.5.

---- CORAM : K.R.SHRIRAM, J.

DATE : 11th AUGUST, 2017 P.C.:

The chamber summons is taken out by plaintiffs to bring on record the legal heirs of defendant no.2, who are respondents to the present chamber summons. Defendant no.2 expired on 30th April, 2017. Mr. Parekh, counsel for respondents has no objection. Therefore, the chamber summons is allowed and accordingly disposed in terms of prayer clause - (b). There is no Schedule of amendment annexed to the chamber summons.

Mr. Chaurasia, counsel for plaintiffs states that plaintiffs only wish to delete the name of defendant no.2 and add respondents as defendant nos.2(a) to 2(c) and their names and addresses are found in the cause title.

Gauri Gaekwad

2/2 23.CHS-782-2017.doc Registry to permit amendment only to the cause title in the plaint, written statement and other ancillary documents. Amendment to be carried out and copy of the amended plaint to be served upon defendants including newly added defendants within two weeks from today.

Mr. Parekh waives service of the writ of summons on behalf of newly added defendants.

Should newly added defendants wish to file any further written statement, they may do so within four weeks of receiving copy of the amended plaint.

Stand over to 29th September, 2017 for directions. (K.R. SHRIRAM, J.) Gauri Gaekwad