Anil Saroj Sole Prop. Of M/S Saroj Associates v. Smt Radhadevi Ramji Singh And 4 ORS

32-NMS2553-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2553 Of 2018 IN CHAMBER SUMMONS NO. 7 OF 2017 IN SUIT NO. 1430 OF 2008 Anil Saroj Sole Prop of Saroj Associates ...Applicant/ Plaintiff

Versus

Radhadevi R Singh & Ors ...Defendants WITH CHAMBER SUMMONS NO. 1476 OF 2018 IN SUIT NO. 1430 OF 2008 Mr KT Kukreja, i/b MGS Legal, for the Applicant.

CORAM: G.S. PATEL, J DATED:

26th March 2019 PC:- CHAMBER SUMMONS NO. 1476 OF 2018:

1.

The Chamber Summons seeks to delete the name of the 1st Defendant who has passed away. His heirs are already on record. 26th March 2019

32-NMS2553-18.DOC The Chamber Summons is made absolute. Amendments to be carried out without need of reverification within a week. NOTICE OF MOTION NO. 2553 OF 2018:

2.

The Motion seeks restoration of a Chamber Summons No. 7 of 2017 filed by the Plaintiffs for amendment. I dismissed that Chamber Summons not only because none appeared for the Plaintiff but because there was a delay of 3134 days.

3.

Mr Kukreja is brimming with confidence about an explanation for this quite extraordinary delay. That confidence will have to be put to the test.

4.

Accordingly, the Motion is made absolute. Chamber Summons No. 7 of 2017 is restored to file.

5.

I am making it clear that I will not consider any of the proposed amendments unless Mr Kukreja has successfully vaulted over his first hurdle of this delay of eight and a half years. 6.

List the Chamber Summons for hearing and final disposal on 8th April 2019.

(G. S. PATEL, J) 26th March 2019