( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ CHAMBER SUMMONS NO.1626 OF 2008 IN SUIT NO.43 OF 1992 Nirlum Investments Pvt.Ltd. and Anr. ..Plaintiffs V/s. M/s. Vidut Enterprises & Ors. ..Defendants And Babulal Dalichand Baldota & Ors. ..Respondents ...... Mr. B. Upadhya i/by Puranchand & Co. for the plaintiffs Mr. B. Saraf i/by Kiran Jain & Co. for the defendant Nos.1 to 4. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th February, 2009 DATED : 25th February, 2009 DATED : 25th February, 2009 P.C.: P.C.: P.C.: 1. Defendant Nos.6A to 6C though served none ( 2 ) appeared. Heard counsel for both the sides. Affidavit of service is taken on record. Plaintiffs came to know about the death of defendant No.6 on 30th September,1999 through the advocate for defendant No.1 and that is how chamber summons is taken out soon thereafter. 2. In my view, respondents having remained absent though served, chamber summons is required to be granted. Hence, the order. ORDER ORDER ORDER (i) Chamber summons is made absolute in terms of prayer clause (a) and (a-i). (ii) There shall be no order as to costs. (iii) Plaintiffs to carry out amendment in terms of the chamber summons on or before 17th March, 2009. Serve upon the defendants and present respondents on or before 25th March, 2009 amended copy of the plaint. Adjourned to 31st March, 2009 for direction. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)