1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.976 OF 2007 IN APPEAL NO.1 OF 2000 IN ARBITRATION PETITION NO.377 OF 1999 Savita Chemicals Ltd. Appellants vs. R.C.Goenka Respondent And 1. Raj Goenka & anr. Respondents Mr.Nitin Thakkar, Senior Advocate i/b.M/s.Little & Co. for the Appellants. Mr.Ashish Sable i/b.Mr.Prasad Das for proposed Respondents 1 & 2. CORAM : DR.S.RADHAKRISHNAN & ANOOP V. MOHTA,JJ. DATED : 14th January 2008 P.C. Heard the learned senior counsel for the Appellant and the learned counsel for proposed Respondents 1 & 2, who are the legal heirs of original Respondent. By this chamber summons, the Appellant is seeking to bring on record the legal heirs of original Respondent-R.C.Goenka, who died on 15.08.2006. It appears that the Respondent’s Advocate did not comply with the provisions of Order XXII Rule 10A of the Code of Civil Procedure by informing the Appellant’ Advocate about the death of Respondent and also providing the details of the legal heirs of the Respondent. 2 Thereafter in an ancillary proceedings, the Appellant came to know about the death of the Respondent and immediately has taken out this Chamber Summons. Under the aforesaid facts and circumstances of the case, sufficient cause is made out to grant the chamber summons. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Chamber Summons is made absolute in terms of prayers (a), (a1) and (b). Amendment to be carried out within two weeks from today. 2. The learned counsel appearing for the proposed Respondent Nos.1 and 2 waives service. Mr.Prasad Das, Advocate undertakes to file vakalatnama for and on behalf of legal heirs of Respondent within two weeks from today. 3. Place the above Appeal for final hearing on 11.02.2008. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.] [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, J.] J.] J.]