1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 313 OF 2007 SUMMONS NO. 313 OF 2007 SUMMONS NO. 313 OF 2007 IN IN IN TRUST TRUST TRUST PETITION PETITION PETITION NO.3 OF 2004 NO.3 OF 2004 NO.3 OF 2004 Mrs Mrs Mrs Savitri Savitri Savitri Biharilal Nagpal & ors.. Plaintiff Biharilal Nagpal & ors.. Plaintiff Biharilal Nagpal & ors.. Plaintiffs vs vs vs Mrs Mrs Mrs Kalavantibai Kalavantibai Kalavantibai Bhagwandas Nagpal.. Defendants Bhagwandas Nagpal.. Defendants Bhagwandas Nagpal.. Defendants & ors. ors. ors. Mr.D.S.Parikh Mr.D.S.Parikh Mr.D.S.Parikh with with with Mr.S.N.Vaishnawa Mr.S.N.Vaishnawa Mr.S.N.Vaishnawa i.b i.b i.b N.N.Vaishnawa N.N.Vaishnawa N.N.Vaishnawa for Petitioner for Petitioner for Petitioner Mr.Pesi Mr.Pesi Mr.Pesi Modi i/b N.C.Dalal & Co for Respondent nos. Modi i/b N.C.Dalal & Co for Respondent nos. Modi i/b N.C.Dalal & Co for Respondent nos. 1 & 2. & 2. & 2. Mr.Cyrus Mr.Cyrus Mr.Cyrus Ardeshir with Ms Jyoti Tanksale for Ardeshir with Ms Jyoti Tanksale for Ardeshir with Ms Jyoti Tanksale for Respondent Respondent Respondent no.3 no.3 no.3 CORAM CORAM CORAM : A.M.KHANWILKAR, J : A.M.KHANWILKAR, J : A.M.KHANWILKAR, J DATE DATE DATE : 29th March, 2007 : 29th March, 2007 : 29th March, 2007 P.C. P.C. P.C. 1.1.1. Although respondent nos. 1 and 2 have kept the Although respondent nos. 1 and 2 have kept the Although respondent nos. 1 and 2 have kept the reply reply reply affidavit to oppose this Chamber Summons affidavit to oppose this Chamber Summons affidavit to oppose this Chamber Summons ready, ready, ready, counsel for the respondents fairly submits counsel for the respondents fairly submits counsel for the respondents fairly submits that that that the Court may allow the present Chamber the Court may allow the present Chamber the Court may allow the present Chamber Summons Summons Summons without prejudice to the rights and without prejudice to the rights and without prejudice to the rights and contentions contentions contentions of the parties on merits of the case. of the parties on merits of the case. of the parties on merits of the case. Even Even Even counsel for other respondents have supported counsel for other respondents have supported counsel for other respondents have supported this this this plea. Accordingly, by consent, Chamber plea. Accordingly, by consent, Chamber plea. Accordingly, by consent, Chamber Summons Summons Summons is is is made absolute in terms of prayer clauses made absolute in terms of prayer clauses made absolute in terms of prayer clauses (a) (a) (a) and (b). Amendment be carried out within 1 and (b). Amendment be carried out within 1 and (b). Amendment be carried out within 1 week week week from today failing which Trust Petition to from today failing which Trust Petition to from today failing which Trust Petition to stand stand stand dismissed for non prosecution without further dismissed for non prosecution without further dismissed for non prosecution without further reference reference reference to court. to court. to court. 2 2. Counsel for the respondent nos. 1 and 2 have Counsel for the respondent nos. 1 and 2 have Counsel for the respondent nos. 1 and 2 have invited invited invited my attention to document Exhibit 2 at page my attention to document Exhibit 2 at page my attention to document Exhibit 2 at page 13 13 13 which document according to the petitioner is which document according to the petitioner is which document according to the petitioner is wrongly wrongly wrongly filed alongwith the affidavit. The filed alongwith the affidavit. The filed alongwith the affidavit. The petitioner petitioner petitioner seeks leave to replace the document and seeks leave to replace the document and seeks leave to replace the document and place place place correct copy thereof on record. Leave to correct copy thereof on record. Leave to correct copy thereof on record. Leave to replace replace replace Exhibit Z with correct document. That Exhibit Z with correct document. That Exhibit Z with correct document. That however, however, however, will not affect rights and contentions of will not affect rights and contentions of will not affect rights and contentions of the the the respondents in relation to the claim of the respondents in relation to the claim of the respondents in relation to the claim of the petitioner petitioner petitioner founded on that document. Those founded on that document. Those founded on that document. Those questions questions questions shall be decided at appropriate stage. shall be decided at appropriate stage. shall be decided at appropriate stage. 3.3.3. If amendments are carried out in time, If amendments are carried out in time, If amendments are carried out in time, respondents respondents respondents may may may file reply if any on or before 12th file reply if any on or before 12th file reply if any on or before 12th April, April, April, 2007. Rejoinder if any on or before 17th 2007. Rejoinder if any on or before 17th 2007. Rejoinder if any on or before 17th April, April, April, 2007. Pleadings to be filed in the registry 2007. Pleadings to be filed in the registry 2007. Pleadings to be filed in the registry well well well within time. within time. within time. 4. Place the Trust petition on 21st April, 2007 Place the Trust petition on 21st April, 2007 Place the Trust petition on 21st April, 2007 under under under appropriate caption as per its turn. appropriate caption as per its turn. appropriate caption as per its turn. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)