Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.425/19
in Summary Suit No.31/18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No. 425 of 2019
(CNR NO. MH CC010021602019)
In
SUMMARY SUIT NO.31 OF 2018
1) Savita Kanakraj Khajanchi
Age : 64 yrs Occ: Household
2) Amit Kanakraj Khajanchi
Age : 45 years, Occ : Business
Both R/at : Room No.1202,
Omega Luxuria, MTNL, Prabhadevi, Dadar,
Mumbai400 028 ….Applicants
(Proposed Plaintiffs)
In the matter between
Kanakraj S. Khajanchi
Age : 68 years, Occupation : Business
Through its Attorney holder,
Mr. Uttam Khajanchi,
At B11, Kasturchand Mill Compound,
M.C. Jawale Marg, Dadar (W),
Mumbai400 028. ….Plaintiff
V/s.
1) M/s. Veg King Agro Food Process Pvt. Ltd.
Through its Director,
Pradeep D. Landge,
G.No.330, Philanwadi,
Takilphata, Post : Rahu,
Taluka : Dhaund,
DistPune412 207
2) Pradeep D. Landge
Aged : Adult, Occ : Business
Survey No.6116/2, Final Plot No.101,
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2 Chamber Summons No.425/19
in Summary Suit No.31/18
Taradutta Park, PuneSaswad Road,
Taluka : Purndar, Pune412 301. ....Defendants
Appearance:
Mr. Shrikant Ratni, Advocate for the Plaintiff.
Mr. Rajendra Patil, Advocate for the defendant
.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 16 th October, 2019.
ORDER
1. This Chamber Summons is taken out by legal heirs of
deceased plaintiff Shri. Kanakraj S. Khajanchi, for condonation of delay
of 102 days and for bringing them on record as legal heirs of deceased
plaintiff.
2. In the affidavit in support of Chamber Summons it is
contended that in appointing another Advocate and gathering record
and proceeding of the case, taking out chamber summons got delayed.
The delay is bonafide and needs to be condoned.
3. Learned Advocate for defendant submitted his no objection
for bringing the legal heirs of deceased plaintiff on record.
4. Heard both the learned Advocates. The copy of death
certificate of deceased plaintiff shows that he died on 11.08.2018. The
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3 Chamber Summons No.425/19
in Summary Suit No.31/18
reason mentioned for delay caused for bringing the legal heirs on record
appears to be sufficient cause. Therefore, to decide the suit on its own
merits and to decide the rights of the parties, I am of the opinion that the
delay is required to be condoned for bringing legal heirs of deceased
plaintiff on record. Resultantly, I pass following order
ORDER
1. Chamber Summons No.425/2019, is made absolute in terms of
prayer Clause(a) & (b).
2. Legal heirs of deceased plaintiff are directed to make necessary
amendment in the suit and supply copy of the same to the
defendants.
3. Chamber Summons No.425/2019, is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 16/10/2019
Dictated on : 16.10.2019
Transcribed on : 17.10.2019
Signed on : 17.10.2019
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4 Chamber Summons No.425/19
in Summary Suit No.31/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
23.10.2019 11.30 a.m. Ms. Ujwala J. Bhagat
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 16.10.2019
Order signed by P.O. on 17.10.2019
Order uploaded on 23.10.2019
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