Shapur Dadabhoy Broacha v. Pirojbai (Pilloo) Dadabhoy Broacha And 2 ORS And Darayus Shapur Broacha (Applicant)

11-CHS.855.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.855 OF 2019 IN SUIT NO.845 OF 2014 Mr. Shapur Dadabhoy Broacha ...Plaintiff V/S.

Ms. Pirojbai (Pilloo) Dadabhoy And Ors.

... Defendants Mr. Clive D'souza for Plaintiff / Applicant to the Chamber Summon.

Ms. Nupur J. Mukherjee i/b. N.N. Vaishnawa & Co. for Defendants.

Mr. D.M. Vyas i/b. Mr. Dharmesh Jain for Applicant to NMS/1107/2016.

Mr. N.A. Bandodkar, IInd Assistant to Court Receiver present. CORAM : B. P. COLABAWALLA, J.

DATED : 08th AUGUST, 2019.

P.C.

1.

Not on Board. By consent of parties, taken on Board.

2.

The present Chamber Summons has been filed by the Applicant who is the son of the Deceased - Plaintiff. The Original Plaintiff expired on 12.06.2019 and in these Tauseef

11-CHS.855.2019.doc circumstances the present Chamber Summons has been filed. The learned Advocate appearing on behalf of all the Defendants has fairly stated before me that the Defendants have no objection, if the Chamber Summons is allowed and the Applicant is substituted as the Plaintiff in the above Suit. 3.

In these circumstances, the Chamber Summons is allowed in terms of prayer Clause (a) which read thus: "(a) That this Hon'ble Court be please to allow the Applicant / Respondent to be joined as the Plaintiff in the above Suit No.845 of 2014 in the place and stead of the deceased Plaintiff and the amendments as per the Schedule annexed hereto be allowed."

4.

The amendment shall be carried out within a period of one week from today and a copy of the amended plaint shall be served on the Advocates for the Defendants and so also on the Receiver within a period of one week thereafter. 5.

The Chamber Summons is disposed of in the aforesaid terms.

(B. P. COLABAWALLA, J.) Tauseef