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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 149 OF 2008 CHAMBER SUMMONS NO. 149 OF 2008 CHAMBER SUMMONS NO. 149 OF 2008 IN IN IN WRIT PETITION NO. 632 OF 1994 WRIT PETITION NO. 632 OF 1994 WRIT PETITION NO. 632 OF 1994 Vinayaka Ice creams (Pvt.) Ltd., & Ors. .. Petitioners. vs. The State of Maharashtra & Ors. .. Respondents. And Ashwina Parashar Mehta & Ors. .. Applicant. Mr. Brijesh Upadhyay i/by Purnand & Co. for the petitioers. Mr. Sushant D. chavan i/by Shirodkar & Co. for respondent No. 5. Mr. Pradeep Jadhav, AGP., for Respondent/State. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & K.K. TATED, JJ. K.K. TATED, JJ. K.K. TATED, JJ. DATE: 16TH SEPTEMBER, 2008. DATE: 16TH SEPTEMBER, 2008. DATE: 16TH SEPTEMBER, 2008. P.C. . Heard. 2 2. This chamber summons is taken out to bring on record the legal heirs of the deceased Respondent No. 5 who expired on 3.12.2007 leaving behind him his wife and two sons who are being sought to be impleaded as respondent nos. 5(a) to 5(c). It is the case of the petitioners that the petitioners learnt about it when the matter came up for final hearing on 10.6.2008 when the Advocate for respondent no. 5 pointed out about death of Respondent NO. 5. The learned counsel who was originally appearing for the said respondent no. 5 waives service for the proposed respondents and has no objection if they are brought on record. Therefore, we allow the chamber summons. We permit the petitioners to substitute the deceased respondent no. 5 by his legal heirs i.e. proposed respondent nos. 5 (a) to 5 (c). Necessary amendment to be carried out within four weeks. 3. The petitioners to place on record the amended copy of the writ petition and also furnish copies of the same to the respondents. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (K.K. Tated J.) (K.K. Tated J.) (K.K. Tated J.)