Interim Order 3

Order Details: Chamber summons
Pdf Text: Ch/s No.100207 / 2023,
Anand - Mangamma
Order (Exh.16) 1 of 3
Chamber Summons No. 100207 / 2023
in
Commercial Suit No. 100905 / 2021
MHCC01-001171-2023
Exhibit No. 16
City Civil and Sessions Court, Greater Mumbai
Court Room No. 31
(District Judge : Vijay S. Hingne, LL. M.)
Plaintiffs : Anand Umakant Shethna + 1
VERSUS
Defendants : Smt. Mangamma Shankaraiah Girgani + 1
Appearances
Plaintiffs
: Adv. Jitendra Ahuja
Defendants
: Adv. Swapnil Waradkar
Chamber Summons for Amendment
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ORDER
(Pronounced on this 28th Day of June, 2023)
1) Plaintiff has prayed for amendment on account of death
of his mother / Plaintiff No. 2 Sheela Umakant Shethna.
Points for determination :
2) Perused record of Commercial Suit No. 100905 / 2021,
Chambers Summons No. 100207 / 2023 (Exh.13), its supporting
Affidavit (Exh.14). Perused reply (Exh.15) of defendant. Heard
Adv. Jitendra Ahuja for plaintiffs and Adv. Swapnil Waradkar for
defendants. Points for determination, findings and reasons are as
follows :
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Ch/s No.100207 / 2023,
Anand - Mangamma
Order (Exh.16) 2 of 3
Points
Findings
1. Is plaintiff entitled for
amendment, as prayed?.................. In the Affirmative
2. What Order? ……………............. As per final order.
Reasons as to Point No. 1 & No. 2 :
3) Both points being interconnected, are taken for common
discussion.
4) Anand Umakant Shethna (hereinafter
Plaintiff No. 1 / P-
1) and his mother Sheela Umakant Shethna (hereinafter
Plaintiff
No. 2 / P-2) preferred Summary Suit No. 155 of 2020 for
recovery of
.	₹ 13,46,818/- with interest @ 18 % per annum
against Smt. Mangamma Shankaraiah Girgani (hereinafter,
Defendant No. 1 / D-1) and her husband (hereinafter,
Defendant
No. 2 / D-2), who are developer and builder in name and style as
“Shreeniwas Enterprises”.
5) It is case of plaintiff that, Umakant Shethna (
father of P-
1 / husband of P-2) was in business of providing construction
consultancy. Umakant died on 22.04.2018. Defendant No. 1 had
employeed Umakant for construction work, regarding which, the
alleged amount is due. Hence, the Suit.
6) During pendancy of Suit, plaintiff preferred Chamber
Summons contending that Plaintiff No. 2 Sheela died on
26.07.2022. Hence, her name be deleted and Plaintiff No. 1
Anand be permitted to carry out necessary amendment.
Objection by Defendants :
7) Suit is not maintainable. There is no legal heirship
certificate, probate, letter of administration or other documents
showing that Plaintiff No. 1 and Plaintiff No. 2 are legal heirs of
Umakant or that Plaintiff No. 1 is legal heir of Plaintiff No. 2.
Hence, application be rejected.
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Ch/s No.100207 / 2023,
Anand - Mangamma
Order (Exh.16) 3 of 3
8) Plaintiff has filed notarized photocopy of Death
Certificate of Sheela showing her death on 26.07.2022.
9) Though defendants objected, however, it is not their case
that PW2 Sheela is still alive and plaintiff is carrying out
amendment to defeat rights of Sheela or to defeat right of
defendant.
10) As right to sue survive with legal heir, hence plaintiff is
entitled for amendment as prayed. Considering above aspects,
Chamber Summons is allowed, by following order :-
ORDER
1. Chamber Summons No. 100207 / 2023 is allowed.
2. Plaintiff shall carry out necessary amendment within 15
days, from date of this order.
3. Thereafter, defendant will be at liberty to take
appropriate steps, as per rules.
4. Cost in cause.
5. Proceeding of Chamber Summons No. 100207 of 2023
is closed.
6. Order dictated and pronounced in open Court.
7. Parties be informed about their right to challenge this
Order and period of limitation for the same.
8. After compliance and period of Appeal, Shirestedar and
AS to consign Record of the Chamber Summons, to
Record Room.
Mumbai
Dated : 28.06.2023 (Vijay S. Hingne)
District Judge, Court Room No.31
City Civil & Sessions Court,
Greater Mumbai
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