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 CHAMBER SUMMONS NO.993 OF 2008 CHAMBER SUMMONS NO.993 OF 2008 CHAMBER SUMMONS NO.993 OF 2008 IN IN IN SUIT NO.724 of 1992. SUIT NO.724 of 1992. SUIT NO.724 of 1992. M/s. Bal Enterprises ..Plaintiff versus Chintaman Sitaram Gokhale & Ors. ..Defendants And Mr. Shubhangi Modak ..Respondent Mr.N.C.Parekh i/b. Mihirlal & Co. for the plaintiff Mr.K.G.Damle for the defendant Nos, 2, 3 and 5. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th January, 2009. DATED : 17th January, 2009. DATED : 17th January, 2009. P.C. 1. Affidavit of service is filed. Chamber Summons has been served upon the respondent who is to be joined as defendant No.6A. This Chamber Summons is taken out on account of death of the original defendant No.6. Heard learned Advocate Mr. Parikh for the plaintiffs and Mr. Damle for the defendant Nos.2, 3 and 5. After having gone through the affidavit in support of Notice of Motion. I am inclined to condone the delay of 37 days, as in my view the plaintiff has explained the -2- circumstances under which the delay has occurred particularly when the respondent who has been served has chosen to remain absent. Heirs of defendant No.3 are required to be brought on record. Hence Chamber Summons is required to be made absolute. Hence the Order. ORDER . Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c). There shall be no order as to costs. . Plaintiffs to amend the plaint on or before 5.2.2007 and serve copy of the amended plaint upon the defendants or their advocate, including the present respondent who is to be joined as defendant No.6(a) on or before 17.2.2009. . Suit stands adjourned to 25.2.2009 for directions. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)