Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Kunal Kumbhat for applicant present.
Adv. Anilban Sen for intervener/applicant in Ch/S present.
Adv. Diwekar for respondent no.1,2 and 3 present.
Application to proceed Ex-parte against respondent no.4(a).
LC for applicant filed renistered Ch/S 75/18 with supportinn afdavit. TOR.
ORDER ON Ch/S 75/18
Heard both the sides on Ch/S 75/18. The present Ch/S is taken out by
applicant in Misc. Application No. 139/16 for correction of the title clause in the
NM 4230/16 taken out by the applicant in the M.A. for grant of interim relief. It
seems that respondent no.6(a) to 6(f) i.e. respondent No.4(a) to 4(f) in the M.A.
being LR's of respondent no.6 i.e. LR's of deceased respondent no.4 in the original
M.A., though are arrayed as respondents in the M.A.139/16, but not shown or
arrayed as respondents in the NM, which in my view, a clerical or typographical
mistake. Therefore, the Ch/S 75/18 is allowed, thereby, the applicant is directed
to add the name of respondent No.6(a) to 6(f) as LR's of deceased respondent
no.6 in the NM 4230/16. Amendment to be carried out forthwith.
Affidavit of service already filed by Adv. Kunal Kumbhat on 25.01.201i for
applicant is on record.
On perusal of affidavit of service and the postal endorsement on the speed POST
envelope, it is apparent that respondents no. 4(b),4(c),4(d),4(e),4(f),5 and 6
have refused to accept the notice. Therefore, the notice is deemed to be served on
respondents no. 4(b),4(c),4(d),4(e),4(f),5 and 6.
Respondents no. 4(b),4(c),4(d),4(e),4(f),5 and 6 called absent. Therefore,
application to proceed Ex-parte against respondents no.
4(b),4(c),4(d),4(e),4(f),5 and 6.
Reply is already filed by applicant and served respondent no.1,2,3 on the Ch/S
2i/17 taken out by intervener-Peak Projects Private Ltd. for impleadinn them as
respondent in the Misc. Application.
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As other respondents are already proceeded Ex-parte in the Misc. Application,
there is no proprietary of service of notice of Ch/S 2i/17 to them. Therefore, adjd
for hearing on Ch/S 28/17 on 11.06.18.
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