*1* CHS-1947-09.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1947 OF 2009 IN SUIT NO.1445 OF 2008 Jai Ambe Steel Company ... Plaintiff V/s. The National Textile Corporation (South Maharashtra) Ltd. & Ors. ... Defendants Mr. Mannadiar, i/b. M/s. Mannadiar & Co., for the Plaintiffs. CORAM : S.C.DHARMADHIKARI, J. DATE : 28 th November, 2011. P.C. : 1. This is a Chamber Summons seeking condonation of delay and to bring on record the heirs and legal representatives of the deceased sole proprietor of the Plaintiff. 2. Having perused the affidavit of service, I am satisfied that the Chamber Summons is duly served. 3. There is an affidavit of Defendant No.3 opposing the request of the Plaintiff. However, considering that after the death of the deceased, who was the sole bread winner, the widow and the children have taken some time to bring themselves on record, interest of justice would be served if the delay in filing the application is condoned and they are allowed to be substituted in place of the deceased and proceed with the Suit on merits. *2* CHS-1947-09.sxw The Suit is filed against two Public Sector Corporations as well. In these circumstances, technical lapses should not defeat the claim of the Plaintiff. 4. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b). 5. Amendment to be carried out within a period of two weeks from the date of receipt of a copy of this order. Amended plaint be served within two weeks thereafter. 6. There shall be no order as to costs. (S.C. Dharmadhikari, J.)