1 CHS.112.2011-SS.3375.1998.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 112 OF 2011 IN SUMMARY SUIT NO. 3375 OF 1998 Sudarshankumar D. Mehta & Ors. ...Plaintiffs Vs. M/s. Lok Financiers Co. ...Defendants And Virendra S. Mehra & Ors. ...Respondents Mr. K.H. Mody i/b. Haridas & Co., for the Plaintiffs Mr. N.G. Raut for the Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 1ST JULY, 2011 P.C. : 1. The delay of as many as about 8 years upon the death of Plaintiff Nos.1, 2, 4 and 6 is sought to be condoned. Plaintiff No.5 alone continues as Plaintiff. The suit is filed for recovery of the amount under an FDR taken by the Plaintiffs jointly from the Defendant Firm. Though the delay is unreasonable the prosecution of the suit by all the Plaintiffs would not prejudice the Defendant because the Plaintiff No.5 alone can also prosecute the suit. Such prosecution by the Plaintiffs jointly is only for obtaining a joint decree upon the joint investment made by the Plaintiffs. 2. Consequently, upon the heirs of 4 deceased Plaintiffs paying Rs. 5000/- each to the Defendants within 2 weeks from today the reason for taking out the Chamber Summons shall be accepted and the 2 CHS.112.2011-SS.3375.1998.sxw delay shall be condoned. 3. If Rs.20,000/- are paid as costs the Plaintiff No.5 shall be entitled to amend the plaint to bring the other heirs of the other Plaintiffs on record and carry out necessary ancillary amendments within 2 weeks thereafter. 4. The Plaintiff shall also amend the copy of the plaint served upon the Defendants. 5. The Defendants shall be entitled to file their additional written statement within 30 days from the date of service. 6. The Chamber Summons is disposed off. (SMT. ROSHAN DALVI, J.)