Bombay High Court
Vikram Vashdev Kripalani And Ors vs Radhibai Narain Dialdas And Ors on 30 August, 2018
Before : Aniruddha M. Chandekar Prothonotary & Senior Master Date : 30th August, 2018 FOR DIRECTION :
11 CHS/139/2018 ) CHS/139/2018 :
S/1142/1990 )
with ) Mr. Yogendra Kanchan, Advocate for
CHS/389/2018 ) Plaintiffs.
S/1142/1990 )
with ) Mr. Ravi Rattesar I/b. D. M. Harish and
CHS/390/2018 ) Company, Advocate for Defendant No.
S/1142/1990 ) 7.
with )
CHSL/530/2018 ) P.C. : Instant Chamber Summons is taken out
S/1142/1990 ) by the Plaintiffs to bring legal
) representative namely Suchita
) Shivdasani as proposed Defendant No.
) 2(a) of deceased Defendant No. 2 -
) Mohini Asoomull by condoning delay of
) 437 days.
)
) Perused Affidavit in Support in respect
) of Chamber Summons of the Plaintiff.
) Ld. Counsel for Plaintiffs pointed that
) Affidavit in Reply is filed by proposed
) legal representative in which it is
) mentioned that they have no objection
) to allow instant Chamber Summons by
) condoning delay.
)
) However, upon perusal of record it
) appears that Affidavit in Reply of
) Prakash Balaram Dialdas, who claimed
) to be universal legatee and beneficiary
) of the deceased Bhai Pratap Dialdas is
) on record by which he has taken strong
) objection for considering instant
) Chamber Summons.
)
) Hence, matter be kept on 06.09.2018
) for further directions.
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2 Before : Aniruddha M. Chandekar
Prothonotary & Senior Master Date : 30th August, 2018 contd... ) CHS/389/2018 :
CHS/139/2018 )
S/1142/1990 ) Mr. Yogendra Kanchan, Advocate for
with ) Plaintiffs.
CHS/389/2018 )
S/1142/1990 ) Mr. Ravi Rattesar I/b. D. M. Harish and
with ) Company, Advocate for Defendant No. 7
CHS/390/2018 ) and proposed Defendant No. 6(a).
S/1142/1990 )
with ) P.C. : Instant Chamber Summons is taken out
CHSL/530/2018 ) by the Plaintiffs to bring legal
S/1142/1990 ) representative namely Kailash Chainrai
) as proposed Defendant No. 6(a) of
) deceased Defendant No. 6 - Sundari
) Chainrai by condoning delay of 3527
) days.
)
) Perused Affidavit in Support of the
) Plaintiff in respect of Chamber
) Summons. Ld. Counsel for Plaintiffs
) submitted that Defendant No. 7 and
) proposed Defendant No. 6(a) have filed
) their respective Affidavits in Reply by
) which they have given their no objection
) for granting instant Chamber Summons.
)
) Ld. Counsel for Defendant No. 7 and
) proposed Defendant No. 6(a) has given
) consent for considering instant Chamber
) Summons.
)
) Hence, instant Chamber Summons is
) made absolute in terms of prayer clauses
) (a) to (c).
)
) Plaintiffs to carry out amendment within
) period of 14 days.
)
) Office to act accordingly.
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3 Before : Aniruddha M. Chandekar
Prothonotary & Senior Master Date : 30th August, 2018 contd... ) CHS/390/2018 :
CHS/139/2018 )
S/1142/1990 ) Mr. Yogendra Kanchan, Advocate for
with ) Plaintiffs.
CHS/389/2018 )
S/1142/1990 ) Mr. Ravi Rattesar I/b. D. M. Harish and
with ) Company, Advocate for Defendant No.
CHS/390/2018 ) 7.
S/1142/1990 )
with ) P.C. : Instant Chamber Summons is taken out
CHSL/530/2018 ) by the Plaintiffs to bring legal
S/1142/1990 ) representatives namely Prakash Dialdas,
) Angelina Kohli, Georgina Hirdarmani
) and Herkishan Dialdas as proposed
) Defendant Nos. 1(a) to 1(d) of deceased
) Defendant No. 1 - Radhibhai Narain
) Dialdas by condoning delay of 3527
) days.
)
) Perused Affidavit in Support of the
) Plaintiff in respect of Chamber
) Summons. Ld. Counsel for Plaintiffs
) submitted that proposed Defendant Nos.
) 1(a) to 1(d) have filed their Affidavit in
) Reply by which they have given their no
) objection for granting instant Chamber
) Summons as prayed.
)
) Perused Affidavit in Reply. As there is
) no objection from proposed Defendants,
) instant Chamber Summons is made
) absolute in terms of prayer clauses (a)
) to (c).
)
) Plaintiffs to carry out amendment within
) period of 14 days.
)
) Office to act accordingly.
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4 Before : Aniruddha M. Chandekar
Prothonotary & Senior Master Date : 30th August, 2018 contd... ) CHSL/530/2018 :
CHS/139/2018 )
S/1142/1990 ) Mr. Yogendra Kanchan, Advocate for
with ) Plaintiffs.
CHS/389/2018 )
S/1142/1990 ) Mr. Ravi Rattesar I/b. D. M. Harish and
with ) Company, Advocate for Defendant No. 7
CHS/390/2018 ) and proposed Defendant No. 5(a).
S/1142/1990 )
with ) P.C. : In the instant Chamber Summons office
CHSL/530/2018 ) has raised office objection that legible
S/1142/1990 ) copy of Exhibit A is not annexed with
) the Chamber Summons. Upon perusal
) of Exhibit A, it is Death Certificate of
) Nirmala Patwardhan in which name of
) deceased, date of death of deceased,
) place of death and address of deceased
) is clearly legible. Hence, office objection
) in this regard is dispensed with.
)
) Instant Chamber Summons is taken out
) by the Plaintiffs to bring legal
) representative namely Anand
) Patwardhan as proposed Defendant No.
) 5(a) of deceased Defendant No. 5 -
) Nirmala Patwardhan by condoning
) delay of 3527 days.
)
) Perused Affidavit in Support of the
) Plaintiff in respect of Chamber
) Summons. Ld. Counsel for Plaintiffs
) submitted that Defendant No. 7 and
) proposed Defendant No. 5(a) have filed
) their respective Affidavits in Reply by
) which they have given their no objection
) for granting instant Chamber Summons.
)
) Ld. Counsel for Defendant No. 7 and
) proposed Defendant No. 5(a) has given
) consent for considering instant Chamber
) Summons.
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5 Before : Aniruddha M. Chandekar
Prothonotary & Senior Master Date : 30th August, 2018 contd... ) Hence, instant Chamber Summons is CHS/139/2018 ) made absolute in terms of prayer clauses S/1142/1990 ) (a) to (c).
with )
CHS/389/2018 ) Plaintiffs to carry out amendment within
S/1142/1990 ) period of 14 days.
with )
CHS/390/2018 ) Office to act accordingly.
S/1142/1990 )
with )
CHSL/530/2018 )
S/1142/1990 )
Date : 30.08.2018 Prothonotary & Senior Master
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