Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010003212020
CNR NO. MHCC010003212020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.33 OF 2020
IN
SUIT NO.4392 OF 2010
Bombay Cycle & Motor Agency Ltd. ] … Plaintiff
V/s.
1. Mr. Naresh Shah and others. ] ... Defendants
And
1. Mrs. Meenu Naresh Shah & Ors. ] ..Respondents
Appearances :-
Ld. Adv. Mr. Jayakars for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 11th August, 2021
ORAL ORDER
1. The present Chamber Summons has been filed by the
plaintiff for condonation of delay in bringing the legal heirs of
defendant Nos.1 and 2 on record and to amend the plaint accordingly
and for other ancilliary amendment accordingly.
2. It was submitted by the Learned Counsel for plaintiff that
there are several litigations pending between the plaintiff and
defendant Nos.1 and 2. While one of the proceeding was pending
before the Small Causes Court and an Appeal was filed before the
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Hon’ble High Court bearing Writ Petition No.5261 of 2013. Wherein the
plaintiff came to know about the death of defendant No.1 and 2, since
then the plaintiff was continuously inquiring about the date of death of
defendants and their legal heirs. But the earlier counsel of the
defendants had not given them any information about the same. Even
order was passed by the Hon’ble High Court and directions were given
to the Learned Counsel representing the deceased defendant to inform
about the whereabouts of the legal heirs of deceased defendant Nos.1
and 2. But no information was provided for. Thereafter, the plaintiff
himself searched the whereabouts of the legal heirs and obtained their
Death Certificate. Thus, there was delay in bringing the legal heirs of
deceased defendant No.1 and 2 on record and therefore, the plaintiff
filed the Chamber Summons and prayed for condonation of delay in
bringing the legal heirs and for the consequential amendment.
3. The Notice was served on the legal heirs of deceased
defendant No.1. They failed to appear and therefore the Chamber
Summons was proceed Ex-parte against them. Since there is no legal
heirs of defendant No.2. Her name was prayed to be deleted.
4. Heard Learned Counsel for plaintiff. Perused the document
annexed with the Chamber Summons. The document at Exh.A and B
are the Death Certificate of defendant Nos.1 and 2. It seems that there
is considerable delay in bringing the legal heirs. However, it also
appears that the plaintiff was through out seeking the information and
also prayed before the Hon’ble High Court. Even after the directions
were given by the Hon’ble High Court on several occassions but no
information was provided regarding the details of the legal
representatives of the deceased defendants. It therefore seems that the
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delay was not deliberate and intentional. The plaintiff also issued
several notices to the Counsel for defendant. As per the endorsement of
the Learned Counsel on the Notice dated 14.03.2019 she declined to
provide any such information due to lack of instructions. The plaintiff
thereafter, had taken all efforts to obtain the details of the legal heirs. It
seems that the delay has to be condoned or else the plaintiff will suffer
serious prejudice. There seems no intentional delay on the part of
plaintiff and the delay caused is well explained. There was sufficient
cause with the plaintiff. The plaintiff was inquiring about the details of
the legal heirs and only after obtaining the details, the present Chamber
Summons came to be filed and therefore, I proceed to pass the
following order:
ORDER
1. Chamber Summons no. 33 of 2020 is allowed.
2. The delay caused in bringing the legal heirs of deceased defendant
nos. 1 and 2 is condoned.
3. The name of deceased defendant nos. 1 and 2 is deleted.
4. The names of Respondent nos. 1 to 3 be added as legal heirs of
decease defendant no.1.
5. The Respondent no.3 being minor be represented by her mother and
natural guardian.
6. The plaintiff is allowed to carry out the consequential amendment
within 14 days in the plaint in accordance with the present application.
7. No order as to costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 11-08-2021 City Civil Court, Gr. MUMBAI
Dictated on : 11-08-2021
Transcribed on : 11-08-2021
checked on : 11-08-2021
Signed on : 11-08-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11.08.2021 at 05.55 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of judgment/order 11/08/21
Judgment/order signed by P.O. on 11/08/2021
Judgment/order uploaded on 11/08/2021
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