Interim Order 2

Order Details: Other
Pdf Text: 30.09.2024 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.22
Commercial
Suit No.
100126/2019
Ch/s 1760/24
Adv. Ms. Chitra Kavlekar present for plaintiff.
Adv. Amol Suryavanshi present for defendant No. 1 &
No. 2.
Perused Record.
Heard both sides on Chamber Summons No. 1760 / 2024.
Through said Chamber Summons, plaintiff is seeking
permission to bring legal heirs of defendant No. 3 on
record.
Perusal shows the relevant dates as follows :
08.12.2023 - Defendant No. 3 died.
01.04.2024 - Rest defendants filed pursis about death of
defendant No. 3.
09.08.2024 - Chamber Summons filed by plaintiff for
bringing legal heirs on record.
Plaintiff submitted that, they ought to have brought legal
heirs on record within 90 days, however there is delay. In
the interest of justice, the Chamber Summons be allowed.
Defendant No. 1 and 2 have given no objection to the
Chamber Summons.
As far as Legal Heirs are concerned, as right to sue
survives for plaintiff, hence the Legal Heirs will have to
be made party, even if they opposed their addition.
Hence, issuing Notice to them and calling their say will
be of no use. Those Legal Heirs will be having liberty to
raise their objections through Written Statement, if any.
Considering overall facts, the Chamber Summons is
allowed, as per following Order :
ORDER
1. Chamber Summons No. 101760 / 2024 is
allowed.
2. By next date, plaintiff shall carry out necessary
amendment, shall file copy of amended Plaint
and shall supply copy of amended Plaint to
defendants.
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3. If plaintiff fails to comply the Order by next
date, then the Suit shall proceed further.
4. Proceeding of Chamber Summons No. 101760
of 2024 is closed.
5. Order pronounced in open Court.
6. Parties be informed about their right to
challenge this Order and period of limitation
for the same.
7. Record of Chamber Summons shall be part of
Commercial Suit No. 100126 / 2019.
Suit adjourned to 14.10.2024 for compliance.
Judge
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