Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 449 OF 2018
CNRMHCC010031812018
IN
S.C.SUIT NO. 319 OF 1973
1(a)Rungta Estate Private Limited & Ors. )...Plaintiffs.
V/s.
1(a) Pradeep Gordhandas Vora & Ors. )...Defendants
A N D
1. Mr. Nirajkumar Nirmalkumar Rungta & Ors. )...Respondents
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 06/06/2018.
Ld. Adv. Bijliwala for the defendants no.1(a) to 1(c).
None for the plaintiffs.
ORAL ORDER
The main suit is of the year 1973, considering this fact the
chamber summon is taken out for hearing.
2. Chamber summons is taken out by the plaintiff for bringing
the legal heirs of deceased plaintiff no. 6(a) , 6(b), 14(a) and 14(b) on
record. The chamber summons is supported by an affidavit being
executed by defendant no.1(a)Pradeep Gordhandas Vora s. The plaintiff
no.1 is a private limited company. It is submitted that plaintiff no.6
-- 1 of 3 --
Nirmalkumar Purshottamlal Rungta expired on 27th October, 2017 as
well as plaintiff no.14 Sushilkumar Rungta died on 25th
November,2009. It is further submitted that defendant no.2(a)
Rajdulari Rungta died on 28th August, 2016. This chamber summons is
taken out for bringing legal heirs of those deceased plaintiffs on record.
3. The main suit is pending since more than four decades.
Considering the reasons mentioned in affidavit in support , the delay in
taking out the chamber summons appears to be unintentional and non
malafide. To avoid further delay in disposal of the suit , I pass the
following order.
ORDER
1. Chamber summons no. 449 of 2018 is allowed and
made absolute in terms of prayer clause (a) and (b) subject
to payment of cost of Rs.2000/ to be paid to District Legal
Services Authority, Mumbai.
2. The plaintiff to carry out the amendment within one
week from today and shall supply the copy of amended
plaint upon the defendants within one week thereafter
3. Chamber Summons is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
Date:06/06/2018. City Civil & Sessions Court,
Gr.Mumbai.
Dictated on :06/06/2018.
Transcribed on :06/06/2018.
Signed on :
-- 2 of 3 --
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: 08.06.2018 NAME OF STENOGRAPHER
Mrs. V.V.Mhatre
TIME:3.50 noon.
Name of the Judge ( With Court
room no.) Shri Kishore M. Jaiswal
(Court Room No.02)
Date of Pronouncement of
JUDGEMENT/ORDER
06.06.2018
JUDGMENT/ORDER signed by
P.O. on
08.06.2018
JUDGEMENT/ORDER uploaded on 08.06.2018
-- 3 of 3 --