Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100517/2020
Jay Raman Morzaria Vs Rahul Vasant Gogri
Date : 15092021
Business : Adv. Desai for plaintiff is present. Adv. Panchal for
respondent in CH/S is present and filed V/P t.o.r
marked as Exh.4. Adv.for plff has filed an
application t.o.r marked as Exh.5. Order below
Exh.5 Perused the application. Heard Adv.for the
plaintiff. In the interest of Justice, permission is
granted to withdraw the CH/S No. 1599/18.
Application Exh.5 is allowed and disposed of
accordingly. Order below CH/S No. 1599/18 It is
the matter of record that original registered
Chamber Summons No. 1599/18 is not tendered on
record. Today the Adv.for the plaintiff by making
an application Exh.5 has submitted that he intends
to withdraw the Chamber Summons No. 1599/18.
in view of his statement, the untendered registered
CH/S No. 1599/18 stands disposed of as
withdrawn. It be removed from the board. Order
below Ch/S No. 517/2020. Perused the chamber
summons and reply. Heard Ld. Adv.of both the
sides. This chamber summons is for condoning the
delay, setting aside order dtd. 23.07.2018 and
restoration of the suit. This is supported by CA of
plaintiff Nilesh Rane. The main suit for
performance of MOU dtd. 12.11.2013. It is
submitted that during the pendency of suit original
defendant expired on 29.07.2017. The plaintiff
became aware of the said fact on 15.01.2018 as
mentioned in para no. 7 of the affidavit. Genuine
reasons are mentioned in paras no. 8 to 17 for
condoning the delay. The previous Chamber
Summons No. 1599/18 was pending for service and
in that the name Varsha Gogari was not mentioned.
I have perused the order passed by my Ld.
Predecessor dtd. 23.07.2018 wherein the suit was
abated as the defendant was dead. The right to sue
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the legal heirs survives and therefore for contesting
the suit on merits in my opinion this chamber
summons needs to be allowed subject to payment
of cost to be paid to DLSA, Mumbai. Hence, I pass
the following order ORDER Chamber Summons
No. 517/2020 is allowed and made absolute
interms of prayer clause (a) to (e) subject to
plaintiff paying the cost of Rs.1000/ (Rupees one
thousand) to the District Legal Services Authority,
Mumbai within a period of two weeks from today.
After payment of cost, the amendment to be carried
out within two weeks and shall supply the copy of
amended plaint within two weeks thereafter.
Chamber Summons is disposed of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 15092021
COURT 01 ADDL SESSIONS JUDGE
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