Interim Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT NO. 1342 OF 2018
Mr.Conrad D'souza )...Plaintiff
Versus )
Mr. Michael Debu Martin & Ors. )...Defendants
And
Mr.Kevin M.D'souza )...Applicant.
Appearance:
Adv.Jayshree L. Randhaye for the plaintiff.
Advocate Mr.Dhumale for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 08th AUGUST, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the applicant who is legal
heirs of deceased plaintiff Mr.Conrad D'souza for taking legal
representatives on record. This chamber summons resisted on behalf
of the defendants by filing their reply on the same chamber summons.
Read the present chamber summons and reply of the defendants
thereon. Heard both the counsels on behalf of both the sides at length.
Perused the record.
2. The learned counsel on behalf of the plaintiffs has submitted that
the original plaintiff Mr.Conrad D'souza is died on 16/05/2019. The
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present chamber summons taken out on 08/08/2019 i.e. within period
of limitation. The applicant is real brother of the plaintiff. Therefore, he
requested that present chamber summons may kindly be allowed.
3. The learned counsel on behalf of defendants has submitted
that the present chamber summons is not maintainable. On this ground,
he requested that present chamber summons of the applicant may
kindly be dismissed.
4. On perusal of the record, it appears that the death of the
deceased plaintiff is not disputed. The affidavit of the applicant is
produced in support of this chamber summons. Moreover, death
certificate of the plaintiff is enclosed alongwith chamber summons. The
present chamber summons is within period of limitation. Therefore, if
this chamber summons is to be allowed, it will not cause any hardship
or injustice on the part of the defendants. Therefore, I am inclined to
allow this chamber summons and proceed to pass following order.
ORDER
1. Draft chamber summons is hereby allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Draft chamber summons is disposed off accordingly and draft
chamber summons be registered for statistical purpose.
Date : 08.08.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 08.08.2019
Transcribed on:08.08.2019
Signed by HHJ: 09.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.08.2019. 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
08.08.2019.
Judgment/order signed by P.O on 09.08.2019.
Judgment/order uploaded on 09.08.2019.
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