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 SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION CHAMBER SUMMONS NO.547 OF 2004 CHAMBER SUMMONS NO.547 OF 2004 CHAMBER SUMMONS NO.547 OF 2004 IN IN IN SUIT NO.185 OF 2003 SUIT NO.185 OF 2003 SUIT NO.185 OF 2003 Sanjeev Purshottamlal Kartwala ...Plaintiff Sanjeev Purshottamlal Kartwala ...Plaintiff Sanjeev Purshottamlal Kartwala ...Plaintiff Vs. Vs. Vs. Purshottamlal Kartiwala & Ors. ...Defendants Purshottamlal Kartiwala & Ors. ...Defendants Purshottamlal Kartiwala & Ors. ...Defendants ----- ----- ----- None present None present None present CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 P.C. P.C. P.C. . Parties and Advocate absent. This chamber . Parties and Advocate absent. This chamber . Parties and Advocate absent. This chamber summons has been taken out on 25th March 2004 which is summons has been taken out on 25th March 2004 which is summons has been taken out on 25th March 2004 which is not yet shown to be served upon the Defendants or the not yet shown to be served upon the Defendants or the not yet shown to be served upon the Defendants or the Respondents Bank. The Plaintiff shown in the chamber Respondents Bank. The Plaintiff shown in the chamber Respondents Bank. The Plaintiff shown in the chamber summons is actually the father of the Plaintiff, the summons is actually the father of the Plaintiff, the summons is actually the father of the Plaintiff, the minor shown as the Plaintiff in the Plaint. The minor shown as the Plaintiff in the Plaint. The minor shown as the Plaintiff in the Plaint. The Plaintiff claims 1/3 share in the property standing in Plaintiff claims 1/3 share in the property standing in Plaintiff claims 1/3 share in the property standing in the name of Defendant no.1 and mortgaged by the the name of Defendant no.1 and mortgaged by the the name of Defendant no.1 and mortgaged by the Defendants to the Respondent Bank to obtain loan, for Defendants to the Respondent Bank to obtain loan, for Defendants to the Respondent Bank to obtain loan, for recovery of which, proceedings have been adopted by recovery of which, proceedings have been adopted by recovery of which, proceedings have been adopted by Respondents against the Defendants in the Debt Respondents against the Defendants in the Debt Respondents against the Defendants in the Debt Recovery Tribunal. It would have been material to Recovery Tribunal. It would have been material to Recovery Tribunal. It would have been material to hear the Respondent before passing any order in this hear the Respondent before passing any order in this hear the Respondent before passing any order in this Chamber Summons. The Respondent is not yet served Chamber Summons. The Respondent is not yet served Chamber Summons. The Respondent is not yet served though 20 months have transpired after the chamber though 20 months have transpired after the chamber though 20 months have transpired after the chamber summons was taken out. summons was taken out. summons was taken out. . Chamber Summons is dismissed. . Chamber Summons is dismissed. . Chamber Summons is dismissed. (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)