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Bombay High CourtCHSW/1/2017disposed off

Alternative Investments And Credits Ltd And ANR. v. Union Of India And 3 ORS.And K M Thakhiyudheen Applicant

2024-02-22Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

28 CHSW-1-2017.doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION BHARAT DASHARATH PANDIT Date: 2024.02.23 12:30:15 +0530 CHAMBER SUMMONS NO.1 OF 2017 IN WRIT PETITION NO. 2610 OF 2012 Mr. K. M. Thakhiyudheen .... Applicant.

In the matter between Alternative Investments & Credits Ltd. & Anr.

.... Petitioners.

V/s Union of India and Ors.

.... Respondents.

----- Ms. Sushila M. Vichare i/b Orbit Law for the Applicant. Mr. Parag A. Vyas a/w Mr. Vinit Jain for Respondent No.1. Mr. Dhaval Patil with Mr. Shreyas Menkudale i/b K. Ashar & Co. for Respondent Nos. 2, 3 and 4.

---- CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 22nd FEBRUARY, 2024 P.C.:- 1] In view of death of Petitioner No.2, his name is sought to be deleted. After such deletion, the name of Petitioner No.2 is proposed to be replaced in terms of Resolution dated 30/11/2016. 2] The learned Counsel for Respondent Nos. 2 to 4 opposes the prayer on the ground that there has been delay in filing the Chamber Summons.

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28 CHSW-1-2017.doc 3] Considering the fact that the Petitioner No.2 expired on 06/04/2015 and subsequent Resolution has been passed on 30/11/2016, we do not find that delay caused is deliberate. Hence, Chamber Summons is allowed in terms of the Schedule. Amendment be carried out within a period of two weeks from today. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 2/2