Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/s 1288/2019 in Suit 3115 of 2010
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1288 OF 2019
IN
SUIT NO. 3115 OF 2010
(H.C. SUIT NO. 414 OF 2010)
The Investors Protection Fund & Ors. … Plaintiffs
Vs.
Jaico Investments & Anr. … Defendants
And
Neepa Dalal d/o Akhil Dalal & Ors. … Proposed
Defendants
Appearance:
Mr. Saiyed Sahil M. Nagamiya, advocate for the plaintiffs.
Mr. Ganesh Gunjal i/b. M/s. A.V. Jain & Associates, Advocate for
the proposed defendants.
CORAM :SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 22/01/2020
ORAL ORDER
1. The chamber summons is filed by the plaintiff to condone
the delay to bring on record the legal heirs of defendant no. 2 by
setting aside the abatement and change in the name of the plaintiff
trust and bring on record the new trustees as per schedule I to the
chamber summons.
2. The chamber summons is supported by affidavit of Bharat
Kumar Dave, authorized representative of the plaintiff no. 1. He on
oath has stated that the plaintiff no. 1 trust by Board Resolution
passed in the meeting dated 04.09.2017 has authorized him to
represent the trust in the suit. The suit is filed for repayment of Rs.
10,00,000/ along with interest at the rate of 12% per annum.
There is change in the trustees of plaintiff no. 1 and the defendant
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2 Ch/s 1288/2019 in Suit 3115 of 2010
no. 2 expired, but the legal heirs of deceased defendant no. 2 were
not brought on record. Hence, prayed to allow the chamber
summons. The chamber summons is supported by the document
i.e. Board Resolution dated 04.09.2017, Judgment of the Assistant
Charity Commissioner, Gr.Mumbai in Application No. ACC
I/17/2017 incorporating the changes in the trustees and the death
certificate of the defendant no. 2.
3. The proposed defendants have no objection to bring them on
record, as legal heirs of defendant no. 2. The plaintiff is seeking to
incorporate the changes in the trust and to bring on record the
legal heirs of defendant no. 2. Considering the nature of the suit,
the legal heirs of defendant no. 2 are necessary parties. Hence,
pass following order :
ORDER
1. The chamber summons no. 1288 of 2019 is
allowed as per prayer 'a' and 'b' of the
chamber summons.
2. Plaintiff to carry out necessary amendment
within limitation.
3. Accordingly, chamber summon is disposed of.
(Smt. S.S. Nagur)
Adhoc Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 22/01/2020
Transcribed on : 23/01/2020
Sign on : 23/01/2020
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3 Ch/s 1288/2019 in Suit 3115 of 2010
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/01/2020 4.45 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
22/01/2020
Judgment/order signed by P.O on 23/01/2020
Judgment/order uploaded on 24/01/2020
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