1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. CHAMBER SUMMONS NO. 1580 OF 2006 IN SUIT NO. 795 OF 1986 Pestonjee Dhanjisha Zilla .... Plaintiff Vs. Thermon Transfer Engineers .... Defendants & Ors. And Shiraj Dhanji Shah Zilla .... Applicants & Others None for Plaintiff. Ms. Seema Sarnaik for Applicants. Ms. Rashmi Vaithy i/b S. Ashwinkumar & Co. for defendant Nos. 2 to 6. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. DATE : 13TH JULY, 2007 DATE : 13TH JULY, 2007 DATE : 13TH JULY, 2007 P.C. The learned Advocate for the Applicant has placed on record a xerox copy of letter written to her by constituted attorney of the applicants on 5th April 2007. By the said letter, learned Advocate for the applicants has been instructed to withdraw the Chamber Summons. A copy of the letter is taken on record and marked as ‘X’ for identifiation. In view of the said letter, Chamber summons is dismissed as withdrawn. 2 (A.S. OKA, J.) (A.S. OKA, J.) (A.S. OKA, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. SUIT NO. 795 OF 1986 Pestonji D. Zilla .... Plaintiff Vs. Thermo Transfer Engineers & .... Defendants Others. Ms. Seema Sarnaik for Applicant. Ms. Rashmi Vaithy i/b M/s S. Ahswinkumar & Co., for Defendant Nos. 2 to 6. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. DATE : 13TH JULY, 2007 DATE : 13TH JULY, 2007 DATE : 13TH JULY, 2007 P.C. The sole plaintiff has expired on 9th November 2005. Chamber summons no. 1580 of 2006 was taken out for bringing on record the legal representatives of the deceased- plaintiff. By a separate order passed today, the chamber summons has been dismissed as withdrawn. In view of this position, the suit stands dismissed as abated. (A.S. OKA, J.) (A.S. OKA, J.) (A.S. OKA, J.)