Mrs. Nirmala M. Khadawala v. Vithal Bhelwala And ORS. And Taizoon M. Khumri And ANR

25-chs1740-10c vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1740 OF 2010 IN ARBITRATION PETITION NO.262 OF 2003 Jagesh G. Naik & Anr.

...Applicants

IN THE MATTER BETWEEN :

Nirmala M. Khadawala

...Petitioner

V/s.

M/s.Vitthal Bhelwala & Ors.

...Respondents

WITH CHAMBER SUMMONS NO.1741 OF 2010 IN ARBITRATION PETITION NO.262 OF 2003 Taizoon M. Khumri & Anr.

...Applicants

IN THE MATTER BETWEEN :

Nirmala M. Khadawala

...Petitioner

V/s.

M/s.Vitthal Bhelwala & Ors.

...Respondents

None for the Applicants.

Ms.Sanober Nonavati for the Respondent / Original Petitioner. CORAM : R.D. DHANUKA, J.

DATE : 17TH OCTOBER, 2015.

P.C. :- 1.

Learned counsel appearing for the original petitioner prays 1/2

25-chs1740-10c that though two chamber summons were filed by the applicants in the year 2010 and one chamber summons was filed in the year 2012, the same are not served upon the original petitioner. My attention is also invited to the order dated 28th April, 2014 passed by S.C. Gupte, J. by which the applicants were directed to serve a fresh notice on the parties. She submits that despite the said order, the original petitioner has not been served by the applicants. None appeared for the applicants when the matter was called out. Since the applicants have not taken any steps to serve the original petitioners the papers and proceedings in the chamber summons which were filed in the year 2010 and 2012 respectively, the chamber summons are dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2