Kiran Jaysukhlal Sheth v. Hasmukhlal Harilal Doshi And 3 ORS. And Daksha Kiran Sheth And 2 ORS. (Applicants)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.332 OF 2017 IN EXECUTION APPLICATION NO.538 OF 2001 Smt.Daksha Kiran Sheth & Ors.

)....Applicants

IN THE MATTER BETWEEN :

Kiran Jaysukhlal Sheth )....Claimant V/s.

Hasmukhlal Doshi & Ors.

)....Respondents ---- WITH CHAMBER SUMMONS NO.332 OF 2011 CHAMBER SUMMONS NO.1610 OF 2011 CHAMBER SUMMONS NO.188 OF 2013 CHAMBER SUMMONS NO.388 OF 2015 Ms.Jyoti Sinha & Himanshu Viadhani I/by Khaitan and Co. for applicants.

Mr.Amit Potnis I/by Mandar Patil for applicants. Mr.Akbar Rizvi I/by AKS Legal Consultants for respondent nos.2 to 4. ---- CORAM : K.R.SHRIRAM,J DATE : 3.1.2019 P.C.:- CHAMBER SUMMONS NO.332 OF 2017 1.

By consent, this Chamber summons is allowed in terms of prayer clauses-(a), (b) & (c) which read as under :- KJ

2/2 30.CHS332.17.doc "(a) that the delay if any be condoned ;

(b) the name of Claimant be substituted as the Claimant Nos.1 to 3 in the Execution Application ;

(c) the Applicants be allowed to amend the plaint with consequential amendments."

2.

The amendments as per serial nos.(I) and (II) of schedule allowed and to be carried out in all the proceedings including the Chamber summons which are pending and amended copies to be provided within 3 weeks from today.

3.

Counsel also state that settlement talks are going on . The award is of 1998 and the Execution Application has been filed in 2001. Therefore, as last chance to settle the matter, time is given and on the next date if settlement terms are not filed, parties will go on with the matter.

Chamber summons disposed accordingly.

4.

Chamber summons No.332/2011, Chamber summons No.1610/2011, Chamber summons No.188/2013 and Chamber summons no.388/2015 be listed on 21.1.2019.

(K.R.SHRIRAM,J) KJ