Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum. no.631-18
in Suit no. 8506-99
MHCC010043392018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 631 OF 2018
CNR NO.MHCC010043392018
IN
SUIT NO. 8506/1999
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.631-18
in Suit no. 8506-99
1372/18. The right to sue survives and the LR's of deceased plaintiffs
are ready to continue with the suit. Therefore the abatement 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.1372/18 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. 631/18 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. 8506/99 be restored and copy of amended
plaint be served upon the defendants.
4. The suit no. 8506/99 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 : 04.03.2021
Signed on :
-- 2 of 3 --
3 Ch/sum. no.631-18
in Suit no. 8506-99
“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 --