IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION USJ CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.1625 OF 2008 NO.1625 OF 2008 NO.1625 OF 2008 IN IN IN SUIT SUIT SUIT NO.42 NO.42 NO.42 OF 1992 OF 1992 OF 1992 Smt. Niranjana K. Tanna ..Plaintiff V/s. M/s. Vidut Enterprises & Ors. ..Defendants ...... Mr. B. Upadhyay i/by Puranchand for the plaintiff Mr. B. Saraf a/w Mr. Sachin Jain i/by Kiran Jain for defendant Nos.1 to 4. None for defendant No.5 ...... CORAM CORAM CORAM : : : R.Y. GANOO, J. R.Y. GANOO, J. R.Y. GANOO, J. DATED DATED DATED : : : 20th February, 2009. 20th February, 2009. 20th February, 2009. P.C.: P.C.: P.C.: 1. Defendant Nos.6A to 6C though served none appeared. 2. Heard counsel for both the sides. Affidavit of service is taken on record. The plaintiff came to know about the death of defendant No.6 on 30.9.1999 through the Advocate for defendant No.1 and that is how Chamber Summons is taken out soon thereafter. ( 2 ) 3. In my view, the respondents having remained absent though served, the chamber summons is required to be granted. Hence, the order. ORDER 1. The Chamber summons is made absolute in terms of prayer clauses (a) and (a-i). 2. There shall be no order as to costs. 3. Plaintiff to carry out amendment in terms of the chamber summons on or before 17th March, 2009. Serve upon the defendants and present respondents on or before 25th March, 2009. 4. Suit stands adjourned to 31st March, 2009 for directions. (R.Y. (R.Y. (R.Y. GANOO, J.) GANOO, J.) GANOO, J.)