1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.178 OF 2009 IN SUMMARY SUIT NO.2899 OF 2005 Industrial Refrigeration and another Plaintiffs versus Wadia Boat Builders and others Defendants Ms.Leena Temkar i/by Deepak Jamsandekar for plaintiff/applicant. Ms.Alpana Ghone i/by M/s.Shah & Sanghavi for defendant nos.1 to 3. CORAM : S.J.KATHAWALLA, J. DATE : 16th March 2011 PC : 1. Heard learned advocates for the parties. By this Chamber Summons the applicant seeks to bring on record the heirs and legal representatives of the deceased plaintiff no.1 who was the sole proprietor of M/s.Industrial Refrigeration. For the reasons mentioned in the affidavit in support of the Chamber Summons the delay of 419 days in taking out the Chamber Summons is condoned and the Chamber Summons is allowed in terms of prayer clauses (a) to (c). The learned advocate for the applicant on instructions undertakes to pay costs quantified at Rs.5,000/- to the advocate for the defendants within two weeks from today. The undertaking is accepted. The amendments to be carried out within a period of two weeks from today. A copy of the amended plaint shall be forthwith forwarded by the advocate for the applicant to the advocate for the defendants. The Chamber Summons is disposed of accordingly. (S.J.KATHAWALLA, J.)