Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
COMMON ORDER BELOW CHAMBER SUMMONS NO.1674 OF 2018
& 683 OF 2019
IN
S.C. SUIT NO.3063 OF 2010
State Bank of Mysore … Plaintiff
V/s.
Mr. Shrenik Vedilal Shah & Ors. … Defendants
Appearance:
Ld. Adv. U.S. Shetty for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 17th SEPTEMBER, 2019
ORDER
Plaintiff has taken out these chamber summons for bringing
legal heirs of deceased defendant no.5 on record.
2. It is argued on behalf of plaintiff that defendant no.5
Mukesh Shah died on 26.11.2016. This information is given by his wife
Priti Shah. That time she disclosed herself being the only legal heir of
deceased Mukesh Shah. Later on his daughter appeared and disclosed
the name of all legal heirs of deceased defendant no.5. Accordingly
subsequent chamber summons is filed for bringing all the legal heirs on
record.
3. Daughter of deceased defendant no.5 appeared and
objected for said amendment. She submitted that defendant no.5
MHCC010118462018
MHCC010034612019
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Common Order Ch/s. 1674/2018 & 683/19 .. 2 .. Suit No.3063/2010
Mukesh Shah died in the year 2016 while plaintiff has taken out the
chamber summons in the year 20182019. As such plaintiff has filed
chamber summons beyond period of limitation.
4. As per information given by Priti Shah, the widow of
deceased defendant no.5, Mukesh Shah died on 26.11.2016. She has
given this information on 01.08.2018. Immediately on 05.09.2018
plaintiff has taken out first chamber summons. Again on 05.01.2019
another legal heir appeared and disclosed the name of other legal heirs.
Again on 31.01.2019 plaintiff has taken out subsequent chamber
summons. In such circumstance it cannot be said that plaintiff has
intentionally made delay in bringing legal heirs of deceased defendant
on record. Record shows that after intimation within a month he has
taken out both the chamber summons. Therefore, in my opinion
permission can be given to plaintiff to bring legal heirs of deceased
defendant no.5 on record. Accordingly the order.
ORDER
1. CS No.1674/18 and 683/19 in SU No.3063/10 are hereby
allowed.
2. Plaintiff is permitted to bring legal heirs of deceased
defendant no.5 on record.
3. Plaintiff to carry necessary amendment within stipulated
time
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 17/09/2019 City Civil Court, Gr. Mumbai
Dictated on : 17.09.2019
Transcribed on : 18.09.2019
Signed on : 20.09.2019
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Common Order Ch/s. 1674/2018 & 683/19 .. 3 .. Suit No.3063/2010
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21.09.2019 01.55 p.m. Sanjay B. Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
17.09.2019.
Judgement/order signed by P.O on 20.09.2019.
Judgement/order uploaded on 21.09.2019.
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