Vijay Rashmikant Shah v. Narendra Amritlal Sheth And 13 ORS.

14.nms.3196.2005.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3196 OF 2005 IN SUIT NO. 2923 OF 2005 Rashmikant Chotalal Shah & Anr.

...Plaintiffs vs Narendra Amritlal Sheth & Ors.

...Defendants WITH CHAMBER SUMMONS NO. 968 OF 2014 IN SUIT NO. 2923 OF 2005 Vijay Rashmikant Shah & Anr.

...Applicants/Plaintiffs vs Narendra Amritlal Sheth & Ors.

...Defendants And Smt. Kamala Vinod Patel/Ramani & Ors.

...Proposed Defendants.

.....

Ms Anita Castellino i/b Mahimtura & Co. for the Plaintiff. Mr N.K.Mudnaney for Defendant Nos.1 and 2.

Mr Chetan Kapadia, Mr Manish Acharya and Ms Khushboo Tatia i/b Vigil Juris for Defendant No.3.

Ms Anjali Chandurkar with Ms Dipti Panda with Ms Megha Martins i/b M/s Purnanand & Co. for Defendant No.6.

.....

CORAM : S.C. GUPTE, J.

JANUARY 05, 2015 P.C. :

It appears that after filing of the suit, Defendant No.1 has expired. The Plaintiff has, accordingly, taken out an application for bringing heirs of Defendant No.1 on record by way of Chamber Summons No.968 of 2014. Mr Madnaney, appears for the proposed Defendant as well as Defendant No.1, who are the only heirs of deceased Defendant No.1. Mr Madnaney, has no objection to the Chamber Summons being allowed. Accordingly, Chamber Summons Pg 1 of 2

14.nms.3196.2005.doc No.968 of 2014 is made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within four weeks from today. Place this matter for marking of documents, examination and cross-examination of the Plaintiff's witness on preliminary issue. S.O. to 6 February 2015 at 3.00 p.m. ( S.C.GUPTE J. ) Pg 2 of 2