Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010052122019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 986 OF 2019
IN
SUMMARY SUIT NO. 715 OF 2016
(CNR NO. MHCC010052122019)
Asha Shrichand Bathija
Aged 74 years OccL Houswife
Adult Mumbai Indian Inhabitant
Residing at 5B , Elegant Apartment
Colaba, Mumbai- 400 005.
... Plaintiff
Versus
1. Shree Vaishnav Alloys Pvt. Ltd.
A Limited company incorporated
in Indian under the provisions of
The companies Act , Having its
Registered office at 104, Shiv Ashish Complex,
19th Road Near Malhar Hotel Chembur East,
Mumbai- 400 071, and
O0ne of its factories at 603, Vypar Bhavan 49,
P.D’Mellow Road, Carnac Bunder ,Mumbai-
400009.
... Defendant
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2 Ch/s.986/2019 in Sum. No. 715/2016
2. Mr. Shersingh Agarwal,
Age not known adult Mumbai
Indian Inhabitant Occ: Business
Having his address that of defendant no.1 Co.
and residing at Vaishnav Bhavan Bunglow No.2
Vikas Classical Society Dr. C.G. Road near
Malbar Hotel, Chembur East, Mumbai- 400
071.
And
1. Rajesh Shrichand Bhatija
aged about 55 years, Occ: Business
2. Deepak Shrichand Bhatija
aged about 49 years Occ: Business
3. Jyoti Shrichand Bhatija
aged about 51 years Occ: Housewife ,
all are residing at 5-B Elegant Apartment
Colaba, Mumbai- 400 005.
… Applicants
Appearance:-
Adv. Mr.Rajendra Bhandari for the Plaintiff.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 16/2/2022
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ORAL ORDER
1. The applicant nos. 1 to 3 have taken out this chamber summons
for their impleadment in the suit as a party plaintiffs in place of
original plaintiff on the ground of his death. Chamber Summons has
been duly served on the defendants. The affidavit of service is placed on
record. The defendants failed to file reply to the chamber summons,
hence chamber summons is decided on the basis of record.
2. The applicants have submitted that the original plaintiff expired
on 16.12.2008 leaving behind the him the applicants as his legal
representatives and heirs. Their mother also expired on dtd.
26.12.2018. Hence, they are the only legal representatives left behind
the plaintiff. They are entitled to proceed with the suit hence they may
be joined as a party plaintiffs in the place of original plaintiff.
3. It transpires from the record and death certificate produced by
the applicants that the original plaintiff died on 26.12.2018. The
defendants have not filed any reply to this chamber summons .
Applicants are the children of the deceased plaintiff . The chamber
summons have been taken out in the month of March-2019. The right
to sue survive in favour of the applicants as they are legal heirs and
representatives of the deceased plaintiff . Above all it reveals that no
harm and prejudice will be caused to the defendants if the applicants
are impleaded in the place of original plaintiff. Hence, considering the
said circumstances I hold that by condoning delay which is not
intentional one, applicants may be allowed to be added in the suit as a
party plaintiff No.s 1(a), 1(b) and 1(c). The said order will protect the
ends of the justice as a right to sue survive in favour of the applicants.f.
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Hence, I hold that the chamber summons is deserves to be allowed.
Resultantly, I pass following order.
ORDER
1. The Chamber Summons No.986/2019 is allowed.
2. The applicants are allowed to implead themselves as
party plaintiffs in the place of original plaintiff.
3. The delay in moving the Chamber summons has been
condonded.
4. The applicants are directed to amend the suit plaint by
incorporating the contents of the schedule attached to
the Chamber Summons till next date.
5. The Chamber Summons No. 986/2019 is disposed off.
Date: 16.02.2022
(A.H.KASHIKAR)
AD-HOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.61)
Dictated on : 16.2.2022
Typed on : 16.2.2022
Signed on : 17.2.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2022 05.20 p.m. ( K.M.RANA)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H.KASHIKAR (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
16.02.2022
JUDGMENT/ORDER signed by
P.O.on
17.02.2022
JUDGMENT/ORDER uploaded on 17.02.2022
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