1 921.chs-770-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO. 770 OF 2011 IN SUIT NO. 2307 OF 2009. Amritlal Chemaux Private Limited. ..Plaintiff. vs. M/s. National Building Corporation & Ors. ..Defendants. And Mrs. Jennifer Colin Pinto. ..Respondent. .... Mr. G. Bhagwat, i/b. Divekar & Co., for Plaintiff. Mr. S.A. Mishra, i/b. N.D. Jaywant, for Defendant No.4. .... CORAM : S.J. KATHAWALLA, J. DATE : 6TH MAY 2011. P.C. : By this Chamber Summons, the Plaintiff prays that the abatement of the Suit against the Defendant Nos. 3 and 6 if any, be set aside; delay of 107 days in taking out the present Chamber Summons be condoned and the Plaintiffs be allowed to carry out amendments in the Plaint in terms of the schedule annexed to the Chamber Summons. 2. Admittedly, the Defendant Nos. 3 and 6 have expired. The Defendant No.2 is the Son of the Defendant No.3 and is already on record. Therefore, the heirs of the Defendant No.3 are not required to be brought on record. The Respondent being the heir of deceased Defendant No.6 is required to be brought on record. Though the Respondent is served, she has not appeared before the Court. However, no relief is sought against the Defendant No.6 in the 2 921.chs-770-11 present Suit. 3. In view thereof, the Chamber Summons is allowed in terms of prayer clauses (a) to (e). The Chamber Summons is accordingly disposed of. Amendments to be carried out within one week from today. A copy of the amended Plaint shall be served on the newly added Defendants as well as the Advocates for the Defendants. 4. Place the Notice of Motion No. 3524 of 2009 for hearing and final disposal on 13th June 2011. [ S.J. KATHAWALLA, J. ]