Full Order Text
Order 1 · 03 Mar 2021 · CNR MHCC010043382018
Order Details: Chamber summons Pdf Text: 1 Ch/sum. no.630-18 in Suit no. 9960-99 MHCC010043382018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 630 OF 2018 CNR NO.MHCC010043382018 IN SUIT NO. 9960/1999 1(a)Devendra Gaglani & Ors. ...Applicants 1. Pravin Ratilal Gaglani .. Plaintiff V/s. 1. Investors Estates and Finance Private Limited Company and Ors. .. Defendants CORAM : HIS HONOUR JUDGE SHRI KISHORE M. JAISWAL (COURT ROOM NO.14) DATE : 3rd DAY OF MARCH, 2021 Adv. Kunal Kumbhat for the applicant. None for the defendant. ORAL ORDER Perused the chamber summons which is supported by an affidavit being executed by Nitin Gaglani. It was duly served upon the defendants but they failed to reply. The delay in filing the chamber summons is already condoned vide order in notice of motion no. -- 1 of 3 -- 2 Ch/sum. no.630-18 in Suit no. 9960-99 1371/18. The right to sue survives and the LR's of deceased plaintiffs are ready to continue with the suit. Therefore the abatment order which is passed on 24/11/2017 needs to be set aside for continuation of the suit. Hence, in consonance with the reasons mentioned in the notice of motion no.1371/18 anf further the fact that no prejudice is going to be caused to the defendants, as the right to sue survives even after the death of the plaintiff, the chamber summons needs to be allowed in the interest of justice. I, therefore pass the following order: ORDER 1. Chamber summons no. 630/18 is allowed and made absolute in terms of prayer clause (b) and (c). 2. The applicant to carryout the amendment in the suit within two weeks . The personal verification of applicant at the time of amendment is dispensed with considering the pandemic situation. 3. The suit no. 9960/99 be restored and copy of amended plaint be served upon the defendants. 4. The suit no. 9960/99 after restoration be kept on regular board on 9th June, 2021. (Kishore M. Jaiswal) Judge, City Civil & Sessions Date:.03.03.2021 Court, Gr.Mumbai (C.R.No.14) Dictated on : 03.03.2021 Transcribed on : 04.04.2021 Signed on : -- 2 of 3 -- 3 Ch/sum. no.630-18 in Suit no. 9960-99 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE: 04.03.2021 NAME OF STENOGRAPHER(G I) Mrs. V. V. Mhatre TIME: pm Name of the Judge (With Court room no.) HHJ Shri Kishore M. Jaiswal. (Court Room No.14) Date of Pronouncement of JUDGEMENT/ORDER 03.03.2021 JUDGMENT/ORDER signed by P.O. on 04.03.2021 JUDGEMENT/ORDER uploaded on 04.03.2021 -- 3 of 3 --