Kamal J. Sheth And ANR v. Hari A. Ramnani And 5 ORS

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 848 OF 2017 IN SUIT NO. 1418 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms. A. P. Singh i/by. S. K. Srivastav & Co. for Applicants/Plaintiffs.

Noelle Ana Paik for Defendant Nos. 1 to 6.

------- CORAM : K. K. TATED, J.

DATE : NOVEMBER 13, 2017 P.C.:

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Mentioned. Not on board.

2.

The learned Counsel for Applicants/Plaintiffs filed praecipe dated 13th November, 2017 for fixing early date of hearing. She submits that by the present Chamber Summons they are seeking order for bringing the legal heirs of deceased Defendant No.1 on record. 3.

The learned Counsel appearing on behalf of legal heirs of Defendant No.1 submits that they do not have any objection, if Chamber Summons is allowed. She further submits that they will file their Vakalatnama on behalf of the legal heirs of Defendant No.1.

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4.

Hence, the matter is taken on board for urgent orders.

5.

Considering the submission made by the learned Counsel for Applicants/Plaintiffs and the averments made in Affidavit in support of Chamber Summons and as the learned Counsel for legal heirs of Defendant No.1 have no objection to allow the present Chamber Summons, I am satisfied that Applicants have made out the case for allowing the Chamber Summons. Hence, the following order.

ORDER

(A) Delay, if any, is condoned.

(B) Applicants/Plaintiffs are permitted to bring on record the legal heirs of Defendant No. 1 in Suit No. 1418 of 2012 within four weeks from today, failing which, Chamber Summons shall stand dismissed without reference back to the Court.

(C) If amendment is carried out within stipulated time as stated herein above, Applicants to serve the amended copy of Plaint on the legal heirs of Defendant No.1.

(D) Liberty is granted to the legal heirs of Defendant No.1 to file their written statement, if any, within 30 days from the date of service of amended copy of plaint.

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(E) Chamber Summons stands disposed of accordingly.

(K.K.TATED, J.) 3/3