Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.1141/2019 ..1.. InS.C.Suit No.3581/2012
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 1141 OF 2019
IN
S.C. SUIT NO. 3581 OF 2012
CNR NO : MHCC010063382019
Mr. Dhanraj Bhikamchand Salecha,
Aged : 58 Years, Occ. : Chartered Accountant,
Residing At : B308, Mistry Apts,
Service Road, Shankarwadi,
Andheri (East),Mumbai 400 069. ...Plaintiff.
Versus
1. Mrs. Movina Yusuf Shaikh (Secretary),
Aged : 45 Years, Occ. : Unknown,
Residing At : B208, Mistry Apts,
Service Road, Shankarwadi,
Andheri (East),Mumbai 400 069.
2. Mr. Shrinivas Kotian (Chairman),
Aged : 70 Years, Occ. : Retired,
Residing At : Old Bungalow, Mistry Apts,
Service Road, Shankarwadi,
Andheri (East),Mumbai 400 069.
3. Mr. Harish Mathani (Treasurer),
Aged : 70 Years, Occ. : Retired,
Residing At : A301, Mistry Apts,
Service Road, Shankarwadi,
Andheri (East),Mumbai 400 069.
4. Dr. Subhash Chitnis (Committee Member),
Aged : 65 Years, Occ. : Unknown,
Residing At : A506, Mistry Apts,
Service Road, Shankarwadi,
Andheri (East),Mumbai 400 069. ...Defendant.
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Chamber Summons No.1141/2019 ..2.. InS.C.Suit No.3581/2012
Appearance :
Ms. Shaila M. Joshi, Advocate for Plaintiff.
Mr. Baliram V. Kamble, Advocate for Defendant No.2.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 17TH MARCH, 2021.
ORAL ORDER
Perused. Heard.
2. In a suit seeking damages on account of defamation by the
defendant, the plaintiff has taken out chamber summons to delete
the defendant No. 3 on account of his death.
3. Since, the relief sought are about the acts done by the defendants
in their personal capacity, after death of such defendant the cause
does not survive as against him. In the result, I pass following
order:
ORDER
1. Chamber Summons No. 1141/2019 is made
absolute in terms of prayer Clause (a), (b) and (c).
2. Necessary amendment be carried out on or
before next date.
3. The plaintiff shall supply the copy of amended
plaint to the defendants and the typed copy be
supplied to the Court.
(AJIT N. MARE)
Judge,
Date : 17.03.2021 City Civil Court, Gr. Mumbai.
Dictated On : 17.03.2021
Transcribed on : 17.03.2021
HHJ Signed on : 18.03.2021
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Chamber Summons No.1141/2019 ..3.. InS.C.Suit No.3581/2012
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
18.03.2021 5.39 p.m. Mahendrasing D. Patil
(Stenographer (GradeI)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No.3)
Date of pronouncement of Order 17.03.2021
Order signed by P. O. on 18.03.2021
Order uploaded on 18.03.2021
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