Pravinchandra J. Patel v. Bhagwandas J. Patel And 6 ORS.

9-chs 30-19in nms 782-17 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.30 OF 2019 IN NOTICE OF MOTION NO.782 OF 2017 IN ARBITRATION PETITION NO.502 OF 2010 Bhupesh Bhagwandas Patel ..Applicant In the matter between Pravinchandra Jinabhai Patel ..Applicant Vs.

Bhagwandas Jinabhai Patel & Ors.

..Respondents ----- Mr.Mahendra Ghelani i/b. M/s.Law Charter for Applicant. Mr.M.S. Bhandari i/b. Ms.Pranjali Bhandari for Respondents. ----- CORAM :

G.S. KULKARNI, J.

DATE :

15th JANUARY, 2019 P.C.:

Heard Mr.Ghelani, learned Counsel for the applicant, and Mr.Bhandari, learned Counsel for the respondents. 2.

By this chamber summons, the applicant/original respondent No.6 has prayed to bring on record the legal representatives of the original applicant Mr.Bhagwandas Jinabhai Patel and accordingly, amend the title of the above notice of motion. The prayer as made in the chamber summons reads thus:- "(a) That this Hon'ble Court be pleased to condone the

9-chs 30-19in nms 782-17 delay if any for bringing on record the demise of the original applicant and continuation of HUF by the Karta and Manager of the HUF substituted for him and the Legal Representatives to the estate of the deceased Bhagwandas Jinabhai Patel who are otherwise already parties to the proceedings, and in taking out the present Chamber Summons."

3.

Having gone through the averments as made in the affidavit in support of chamber summons more particularly paragraph 2 and also having gone through the schedule of amendment, it would be in the interest of justice that the chamber summons is allowed and title of the notice of motion is accordingly permitted to be amended. 4.

Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c).

5.

Amendment be carried out within a period of two weeks from today, as also amended copy of the notice of motion be served on all the parties for the purposes of their respective record. 6.

Chamber summons is accordingly disposed of in the above terms. No costs.

[G.S. KULKARNI, J.]