FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY T&IJ CHAMBER SUMMONS NO.38 OF 2008 IN T.Suit No.37 of 1987 In PETITION NO.320 OF 1987 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr K.H.Mody i/b Hardas & Co for the plaintiff. Mr Ajit Karwande with Mr makasare for defendant nos 1,3 and 4. CORAM: D.B.Bhosale,J. DATED: 03.06.2008 P.C.: Heard learned counsel for the parties. This Chamber Summons is taken out by the plaintiff for setting aside the abatement of the suit and allowing the plaintiff to bring the heirs and legal representatives of deceased defendant no.2 on record. It is true that there is a long delay in taking out the chamber summons and that the cause shown for condonation of delay in the affidavit in support of the Chamber Summons is not satisfactory. However, considering the nature of the proceedings, in my opinion, no prejudice would be caused to the defendants. As a matter of fact, condonation of delay and grant of prayers in the Chamber Summons is in the interest of all the parties to the proceedings. Hence, the Chamber Summons deserves to be made absolute subject to payment of substantial costs. Hence, I pass the following order. The Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c), subject to payment of costs of Rs.10,000/- within a period of one week from today, out of which Rs.5000/- to be paid to defendant nos.1, 3 and 4 and Rs.5000/- to be paid to the High Court Legal Services Committee. The plaintiff to carry out the amendment within a week from today. Returnable date is extended by four weeks. The Chamber Summons is disposed of. (D.B.Bhosale, J.)