Disposed

M/S. Vijay and Haresh Corpn. and Anr. v. M/S. Veekaylal Investment Pvt.Ltd. and Ors.

Bombay HC16 Jun 2014CHS/496/2014

Case brief

AI extract

What is this about?

The court disposed of a suit involving chambers summonses related to deceased defendants. It discharged advocates seeking release, granted leave to add heirs as parties, and dismissed claims of delay in filing amendment applications, ordering amendments to be made.

What did the court decide?

Chamber summons 792 made absolute in terms of deleting defendant; Chamber summonses 793 and 795 made absolute allowing addition of heirs and leave to amend.

M/S. Vijay and Haresh Corpn. and Anr. Vs M/S… — Civil Procedure and Limitation | Bombay HC (2014)

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5-CHSL-792-14+.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO. 792 OF 2014

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WITH

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CHAMBER SUMMONS (L) NO. 793 OF 2014
WITH

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CHAMBER SUMMONS (l) NO. 795 OF 2014

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IN

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SUIT NO. 3183 OF 1988

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M/s. Vijay & Haresh Corporation and another.…Applicants
In the matter between

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M/s. Vijay & Haresh Corporation and another.…Plaintiffs
Versus

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M/s. Veekaylal Investment Co.Pvt. Ltd. and …Defendants
others.

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Mr. Salim M. Sayed , for the Plaintiffs.

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Ms. Rajashree Ram, i/b Federal and Rashmikant, for the
Defendants.

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CORAM:G.S. PATEL, J
DATED:June 16, 2014

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PC:-

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1 of 3

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5-CHSL-792-14+.DOC

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1.In this suit of 1988, these three chambers summonses have
been filed by the plaintiffs. Original defendants Nos. 3, 5 and 7 have
passed away. In Chamber Summons (L) No. 792 of 2014, the
plaintiffs have sought information as to the heirs and legal
representatives of the original defendant No. 3. This information
has not been furnished to them. Indeed, Advocates for the original
defendant No. 3, M/s. Federal & Rashmikant, seek a discharge on
the ground that they are unable to obtain any instructions and have
no information that can be furnished to the plaintiffs. It is in those
circumstances that Chamber Summons (L) No. 792 of 2014 seeks
that the plaintiffs be permitted to delete the name of the 3rd
defendant.

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2.For these reasons, M/s Federal & Rashmikant are hereby
discharged as Advocates for 3rd defendant. Chamber Summons (L)
No. 792 of 2014 is made absolute in terms of prayer clause (b) and is
disposed of in these terms.

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3.Chamber Summons (L) No. 793 of 2014 and Chamber
Summons (L) No. 795 of 2014 seek addition of the heirs of the
original defendants Nos. 5 and 7 respectively. Both chamber
summonses required to be allowed. They are each made absolute in
terms of prayer clause (b). Leave to amend. In those chamber
summonses, there is a prayer for condonation of delay. Given the
fact that the plaintiffs were informed of the demise of the 5th and
7th defendants and of the names of the heirs and representatives
recently, there is no delay.

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2 of 3

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5-CHSL-792-14+.DOC

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4. All amendments to be carried out on or before 30th June 2014. Copies of the amended plaint to be served forthwith and in any event no later than by 11th July 2014.

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5. Suit to be listed on 17th July 2014 for further directions.

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(G. S. PATEL, J.)

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M/S. Vijay and Haresh Corpn. and Anr. v. M/S. Veekaylal Investment Pvt.Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Vijay and Haresh Corpn. and Anr. v. M/S. Veekaylal Investment Pvt.Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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