J. Hasmukh And 3 ORS. v. Vishwamangal Housing Pvt. Ltd. And 2 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1400 OF 2016 WITH NOTICE OF MOTION NO.1019 OF 2013 IN SUIT NO.332 OF 2013 J. Hasmukh & Ors.

....Plaintiffs V/s.

Vishwamangal Housing Pvt. Ltd. & Ors.

....Defendants ---- Mr. Vatsal Shah a/w. Mr. Nikhil Rajani i/b. V. Deshpande and Co. for the plaintiffs.

Ms. Swapnali Desai i/b. Mr. Mehul Shah for the defendant nos.1 and 2.

Mr. Ameet A. Palkar i/b. Mr. Rajesh N. Kachaer for the defendant nos.4 to 14 and for the respondents in CHS/1400/2016. ---- CORAM : K.R.SHRIRAM,J DATE : 1st OCTOBER,2016 P.C.:- CHAMBER SUMMONS NO.1400 OF 2016 In this chamber summons the plaintiffs are seeking to delete the name of defendant no.3 and bring on record respondents as defendant nos.3 (a) to 3 (e). It is stated that the defendant no.3 had expired even prior to filing of the suit and due to inadvertence defendant no.3 was made a party defendant instead of his legal heirs. The counsel appearing for the respondents, i.e, legal heirs of defendant no.3 in fairness states that his clients have no objection if Gauri Gaekwad

2/2 52.CHS-1400-2016.doc the respondents be added as party defendants. Therefore, the chamber summons is allowed and accordingly disposed of in terms of prayer clauses - (a) and (b). The amendment to be carried out and copy of the amended plaint to be served within two weeks from today. The counsel for the respondents waives service of the writ of summons.

NOTICE OF MOTION NO.1019 OF 2013 The notice of motion to be listed for hearing on 17th November, 2016.

(K.R.SHRIRAM,J) Gauri Gaekwad