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Bombay High CourtCHOL/145/2024disposed off

Perveen Hosi Charna And 2 ORS v. Putlan F Sorabji Shroff (Deced) And Khursheed K. Wadia (Plaintiff)And Nazruddin Shaikh And 2 ORS

2024-05-02E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master nd May, 2024.

Date : 2 FOR DIRECTION :

4. CHOL/145/2024 Ms. Frahnak D. Contractor, Advocate for the Applicant.

In EXA/304/2016 P.C. : 1.

By this Chamber Order, the Applicant seeks deletion of the Judgment Debtor No.1 Nazruddin Shaikh.

2.

Perused the Affidavit in Support of the Chamber Order. The Applicant has stated by the Notice was issued to the Judgment Debtors. It is further submitted that as per the Report received by the Office of the Commissioner for Taking Accounts, the Judgment Debtor No.1 has expired and his Death Certificate is tender in the Office of the Commissioner for Taking Accounts. Perused the Order dated 22nd January, 2024 passed by the Commissioner for Taking Accounts, wherein it is recorded that Judgment Debtor No.2 has enclosed Photo Copy of Death Certificate of Judgment Debtor ..2/-

: 2 :

No.1 to the letter dated 20th January, 2024.

3.

The Ld. Advocate for the Applicant submits that since, the Judgment Debtor No.1 has expired, the name of Judgment Debtor No.1 is required to be deleted.

She further submits the Chamber Order be allowed and Applicant be permitted to amend the title of Execution Application as per the Schedule annexed to the Chamber Order.

4.

For the reasons mentioned in the Affidavit in Support, the Chamber Order is allowed and singed separately.

5.

The Applicant is directed to carry out amendment in the Execution Application as per the Schedule annexed to the Chamber Order, within two weeks'

from the date of uploading the order.

Re-verification is dispensed with.

Addl. Registrar (O.S.)/ 02.05.2024 Addl. Prothonotary and Senior Master