Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1170 OF 2019.
IN
L.C. SUIT NO. 2742 OF 2011
(CNR NO. MHCCO10065492019)
Hareraj Family Trust & Ors. )...Plaintiff
Versus )
Emgee Green Cooperative Housing )
Society Limited & Ors. )...Defendants.
And
Ruchi Vipin Agarwal & Anr. )...Applicants.
Appearance:
Adv.Ms.Vinodini Srinivasan i/b. Keystone Partners for
plaintiff/Applicant.
Advocate Mr.Rafeeq Peermohideen for defendant no.1.
Advocate Ms. Sneha Panchmukh for defendant no.2.
Advocate Ms. Vyavahae for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 06th AUGUST, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for taking
legal representatives namely Ruchi Vipin Agarwal and Siddharath
Sudhir Gupta i.e. new trustees of Ashiana Family Trust. This chamber
summons resisted on behalf of the defendants by filing their reply on
the same chamber summons. Read the present chamber summons and
reply of the defendants thereon. Heard both the counsels on behalf of
both the sides at length. Perused the record.
2. The learned counsel on behalf of the plaintiff has submitted that
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Mr.Ashwin Gupta who is the trustee of plaintiff no. 3 Ashiana Family
Trust is died on 7/05/2019. The plaintiff no. 3 Ashiana Family Trust
has appointed new trustees namely Ruchi Vipin Agarwal and
Siddharath Sudhir Gupta by passing resolution which is produced by
the plaintiff at page no. 11.
3. The defendants have submitted that the present chambers
summons of the plaintiff is being not maintainable , therefore, it may be
rejected.
4. On perusal of the record, it appears that Mr.Ashwin Gupta who is
the trustee of the plaintiff no. 3 is died on 7/5/2019. The present
chamber summons came to be filed on 5/07/2019 within the period of
limitation. The resolution passed by Ashiana Family Trust and
appointed new trustees namely Ruchi Vipin Agarwal and Siddharath
Sudhir Gupta. The copy of said resolution is produced by the plaintiff
at page no. 11. If this chamber summons of the plaintiff is to be
allowed, then it will not cause any hardship on the part of the
defendants. Therefore, I am inclined to allow this chamber summons
and proceed to pass following order.
ORDER
1. Chamber summons no. 1170/19 is hereby allowed as prayed for.
2. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons no. 1170/19 is disposed off accordingly.
Date : 06.08.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 06.08.2019
Transcribed on:06.08.2019
Signed by HHJ: 08.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08.08.2019. 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
06.08.2019.
Judgment/order signed by P.O on 08.08.2019.
Judgment/order uploaded on 08.08.2019.
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