Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch-Sum no. 1985-19 in S.C.SUIT no.7706-85
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
CHAMBER SUMMONS NO. 1985 OF 2019
(CNR no. MHCC01-011285-2019)
IN
SHORT CAUSE SUIT NO. 7706 OF 1985
(CNR no. MHCC01–005180-2012)
(HIGH COURT SUIT NO.2302 OF 1985)
1. The New India Assurance Co. Ltd. & Anr. ]...
Plaintiffs
Versus
1. Smt. Vijaykunverba & Others. ]...
Defendants
AND
1. Smt. Shaila Jaideep Samarth ]
2. Smt. Asha Bhagwant Nadkarni ]
3. Anil Bhagwant Nadkarni
All having their address at F-6,
Ben Nevis, 8, Bhulabhai Desai Road,
Mumbai 400 026.
]
]
]
]...
Proposed
Defendants
Appearances:-
Ld. Advocate Ms. Vaishali Ugale for the Plaintiff no.1.
Ld. Advocate Mr. Barot for Defendant no.1.
Ld. Advocate Mr. Satmkar i/b Ld. Adv. Mr. K. N. Kandkar for
applicants.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 17th February, 2021.
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2 Ch-Sum no. 1985-19 in S.C.SUIT no.7706-85
O R A L O R D E R
1. By this Chamber Summons, the legal representatives of
deceased defendant no.34 have prayed to add them as parties in
place of the said defendant no.34 after his death. The contesting
defendant no.1 has resisted the Chamber Summons contending that
the defendant no.34 died on 05.11.2006, the Chamber Summons for
bringing legal representatives on record filed after 13 years is
hopelessly barred by limitation. However, the plaintiff has no
objection to the Chamber Summons as per the affidavit in reply filed
in March, 2020.
2. It is apparent that there is huge delay in filing the
Chamber Summons. However, Roznama of the case shows that after
the matter was transferred to City Civil Court in February, 2013,
Chamber Summons no.2490 of 2014 came to be filed by defendant
no.33 for transposing itself as plaintiff no.6 and transposing the
original plaintiffs as the defendants in the suit. After the said
Chamber Summons was partly allowed, allowing the first prayer and
rejecting the second prayer, Writ Petition no.2132 of 2016 came to
be filed. By an order dated 09.12.2016 the said Writ petition was
disposed off and the Chamber Summons was made absolute in terms
of prayer clause (A) thereof. These aspects cannot be ignored while
considering the “delay” in filing the Chamber Summons. It is
pertinent to note that the legal representatives of the defendant
no..34 have made this application without waiting for plaintiff to
bring them on record. Therefore, Chamber Summons can be allowed
by imposing cost on the applicant. Hence, following order:
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3 Ch-Sum no. 1985-19 in S.C.SUIT no.7706-85
ORDER
1. Chamber Summons No.1985 of 2019 is allowed in terms of prayer
clauses (a) and (b) subject to cost of Rs.5,000/- payable to
defendant no.1 before next date.
2. The plaintiff is directed to carry out necessary amendment in plaint
before next date.
sd/-
(C. V. Marathe)
Judge,
Date : 17.02.2021. City Civil Court, Gr. Mumbai.
Dictated on : 17.02.2021
Transcribed on : 17.02.2021
Signed by HHJ on : 17.02.2021
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4 Ch-Sum no. 1985-19 in S.C.SUIT no.7706-85
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.02.2021 at 5.25 p.m.
NAME OF STENOGRAPHER : Mrs. G. P. Acharekar
Name of the Judge (With
Court Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
17/02/2021
JUDGMENT/ORDER signed by
P.O. on
17/02/2021
JUDGMENT/ORDER uploaded
on
17/02/2021
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