Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 404-19 In Suit No. 4511- 2011
H.C.Suit No. 2533 of 2011
1 Date 27.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 404 of 2019
IN
SUIT NO. 4511 of 2011
(H.C.SUIT NO. 2533 OF 2011)
(CNR NO.MHCC010021262019)
Poonam Vashu Chawla & Anr. … Applicants
In the matter of
Nisha Prakash Chawla .. Plaintiff
Versus
Vashu Hariram Chawla .. Defendant
Appearances :
Adv.H.A. Noronlid for all applicant.
Adv.Vivek Sharma for plaintiff.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 27.01.2020
ORDER
1. The applicants who are the legal heirs of the deceased
defendant no. 1 filed instant Chamber Summons for permitting
them to withdraw total royalty amount as per order dated
03.08.2013, which was modified by order dated 13.01.2014.
-- 1 of 4 --
Chamber Summons 404-19 In Suit No. 4511- 2011
H.C.Suit No. 2533 of 2011
2 Date 27.01.2020
2. The Chamber Summons is opposed by the defendant by
filing say on the ground that the defendant no. 1 have committed
several manupulation in the suit firm. If, the royalty amount
allowed to be withdrawn by the legal heirs, there is a every
possibility that they may disowned the liaibility of deceased
defendant no. 1.
3. Heard both the sides. Perused Chamber Summons as well as
reply. It is not in dispute that the present applicants are legal heirs
of deceased defendant no. 1. It is further not in dispute that
deceased defendant no. 1 was allowed to withdraw the amount of
royalty vide order dated 03.08.2013 which was subsequently
modified vide order dated 13.01.2014 passed in Writ Petition No.
9447 of 2013. Only objection which is raised by the defendant is
that deceased defendant no. 1 has manipulated the funds of the
partnership firm. In my view, the aforesaid issue is triable issue
which can not come in the way of applicants for entitlement of
royalty amount on behalf of deceased, defendant no. 1 which was
admittedly allowed by Hon’ble High Court vide order dated
13.01.2014. Hence, in my view, the Chamber Summons needs to
be allowed. Thus, I proceed to pass the following order :
ORDER
1. Chamber Summons No. 404 of 2019 is hereby made absolute
in terms of prayer clause (a) and (b).
2. Parties to bear their own cost.
-- 2 of 4 --
Chamber Summons 404-19 In Suit No. 4511- 2011
H.C.Suit No. 2533 of 2011
3 Date 27.01.2020
3. Chamber Summons No. 404 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 24.01.2020 Gr. Bombay
Dictated on : 24.01.2020
Transcribed on : 24.01.2020
Draft submitted on : 24.01.2020
Checked on : 30.01.2020
Signed on : 31.01.2020
-- 3 of 4 --
Chamber Summons 404-19 In Suit No. 4511- 2011
H.C.Suit No. 2533 of 2011
4 Date 27.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01/02/2020 at 5.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
27/01/2020
JUDGMENT/ORDER signed by
P.O. on
31/01/2020
JUDGMENT/ORDER uploaded
on
01/02/2020
-- 4 of 4 --