Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1264 2019.
IN
SUIT NO. 2742 OF 2011
(CNR NO. MHCCO10070652019)
Hareraj Family Trust & Ors. )...Plaintiff
Versus )
Emgee Green Cooperative Housing )
Society Limited & Ors. )...Defendants.
And
Anita Ashwin Gupta )...Applicant.
And
Manoharlal Gupta )...Applicant.
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 of the deceased plaintiff no.5Aswin Gupta. 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.
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2. The learned counsel on behalf of the plaintiff has submitted that
the plaintiff no. 3 Ashiana Family Trust, through its trust one of Shri
Ashwin Gupta is died on 7/05/2019. The plaintiff no. 3 Ashiana
Family Trust passed resolution which is filed at Exhibit14 and Mr.
Manoharlal Gupata. The present chamber summons came to be filed on
5/07/2019. The present summons came to be filed within stipulated
period.
3. The learned counsel on behalf of the defendants have resisted this
chamber summons by submitting that the present chamber summons
taken out by the plaintiff is not maintainable. Therefore, the present
chamber summons may kindly be dismissed.
4. After hearing arguments advanced on behalf of both the
sides at length and after perusal of record, it appears that the trustee of
P.W.5Ashwin Gupta is died on 07/05/19 and present chamber
summons came to be filed on 05/07/19 i.e. within the period of
limitation. The resolution passed by Ashiana Family Trust and
appointed in place of Ashwin Gupta, the copy of said resolution is
produced by the plaintiff at page no. 14. In support of this chamber
summons, the present plaintiff no. 10 Anita Ashwin Gupta filed her
affidavit. Therefore, if the 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. 1264/19 is hereby allowed as prayed for.
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2. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons no. 1264/19 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: 07.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07.08.2019. 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 07.08.2019.
Judgment/order uploaded on 07.08.2019.
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