IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 511 OF 2006 SUMMONS NO. 511 OF 2006 SUMMONS NO. 511 OF 2006 in in in S.C.SUIT S.C.SUIT S.C.SUIT NO.2014 of 1982 NO.2014 of 1982 NO.2014 of 1982 Bank Bank Bank of India of India of India ... ... ... Plaintiff Plaintiff Plaintiff Vs. Vs. Vs. M/s M/s M/s Venisons & ors Venisons & ors Venisons & ors ... ... ... Defendants Defendants Defendants Mr.Sunil Mr.Sunil Mr.Sunil Chowbal for Plaintiff Chowbal for Plaintiff Chowbal for Plaintiff Ms.B.N.Dalal Ms.B.N.Dalal Ms.B.N.Dalal for Defendant for Defendant for Defendant nos. 1,3 &4 Defendant Defendant Defendant nos. 2,5,7 died. nos. 2,5,7 died. nos. 2,5,7 died. CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J DATE DATE DATE : : : 18TH JULY, 2008 18TH JULY, 2008 18TH JULY, 2008 P.C. P.C. P.C. 1. 1. 1. This Chamber Summons is taken out to bring the This Chamber Summons is taken out to bring the This Chamber Summons is taken out to bring the legal legal legal heirs and representatives of the deceased heirs and representatives of the deceased heirs and representatives of the deceased defendant defendant defendant nos. 2,5 and 7 on record. The nos. 2,5 and 7 on record. The nos. 2,5 and 7 on record. The defendants defendants defendants oppose this applciation mainly on the oppose this applciation mainly on the oppose this applciation mainly on the ground ground ground that the application is filed belatedly that the application is filed belatedly that the application is filed belatedly inspite inspite inspite of the information supplied to the of the information supplied to the of the information supplied to the plaintiff’s plaintiff’s plaintiff’s advocate way back in 2002 and inspite advocate way back in 2002 and inspite advocate way back in 2002 and inspite of of of atleast two orders passed by this atleast two orders passed by this atleast two orders passed by this Court ourt ourt imposing imposing imposing costs on the plaintiff. The question is costs on the plaintiff. The question is costs on the plaintiff. The question is whether whether whether despite this lethargy on the part of the despite this lethargy on the part of the despite this lethargy on the part of the plaintiff-bank plaintiff-bank plaintiff-bank Chamber summons should be allowed. Chamber summons should be allowed. Chamber summons should be allowed. 2 The The The answer is in the affirmative. The plaintiff answer is in the affirmative. The plaintiff answer is in the affirmative. The plaintiff was was was already saddled two times with costs and have already saddled two times with costs and have already saddled two times with costs and have deposited deposited deposited the costs. The plaintiff is a the costs. The plaintiff is a the costs. The plaintiff is a nationalised nationalised nationalised bank and suit is for recovery of loan bank and suit is for recovery of loan bank and suit is for recovery of loan dues. dues. dues. The suit is pending since 1982. The suit is pending since 1982. The suit is pending since 1982. A large A large A large amount amount amount of public money is involved and so leniency of public money is involved and so leniency of public money is involved and so leniency should should should be shown to the plaintiff. Ofcourse not be shown to the plaintiff. Ofcourse not be shown to the plaintiff. Ofcourse not before before before putting the to terms again. putting the to terms again. putting the to terms again. 2. 2. 2. Chamber Summons is allowed as prayed for. The Chamber Summons is allowed as prayed for. The Chamber Summons is allowed as prayed for. The plaintiff plaintiff plaintiff bank shall pay Rs.5000/- to defendant bank shall pay Rs.5000/- to defendant bank shall pay Rs.5000/- to defendant nos. nos. nos. 1,3, and 4 as costs. Amendment and service 1,3, and 4 as costs. Amendment and service 1,3, and 4 as costs. Amendment and service shall shall shall be accomplished within four weeks. be accomplished within four weeks. be accomplished within four weeks. { A.V.NIRGUDE, J } A.V.NIRGUDE, J } A.V.NIRGUDE, J } 3 pp