1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.302 OF 2007 IN SUIT NO.4567 OF 1999 Kothari Terrace Co-Operative Housing Society Ltd ....Plaintiff V/s. Prataprai Nandlal Kothari and ors and Kaumudini P. Prataprai Kothari and ors ....Defendants Mr. V. S. Pandey i/b S. U. Pandey, for the Plaintiff. Mr. Tanvir Shaikh for Respondent Nos l to 3 and Defendant No.2. CORAM : S.J. VAZIFDAR, J. DATE : 30 th NOVEMBER, 2009. P.C. :- 1. The Plaintiff seeks to bring on record the legal heirs of Defendant No.1 who expired on 7th May,2006. The Plaintiff was informed about Defendant No.1 having expired on 14th June 2006. The Chamber summons, however, was taken out on 28th February, 2007. 2. The delay of about l90 days, deserve to be condoned in view of what is stated in the affidavit in support and in particular paragraph Nos 3 & 4 thereof. In another proceeding namely L.C suit No.2070 of l997 filed in the City Civil Court, the Plaintiff had brought the heirs on record. Steps for taking out the present Chamber Summons had been initiated within time. The delay was on account of the translation which in turn was also delayed as the Officer of Plaintiff had to leave Bombay for personal work. 2 3. In the circumstances the Chamber Summons made absolute in term of prayers (a), (b) and (c). The amendment to be carried out within four weeks from today.