1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1113 OF 2009 IN SUIT NO.1022 OF 2007 Hemant D. Shah & Ors. ....Plaintiffs V/s. Chitaranjan D. Shah & Ors. ....Defendants And Gayatri Sachin Shah ....Respondent Mr.Pradeep Sancheti with Mr.Riyaz Chagla i/b M/s.Khaitan & Co. for the Plaintiffs. Mr.Denzil D’Mello for Defendant Nos.1, 3, 4 and 6. Mr.G.C. Mohanty for Defendant Nos.7 to 14, 18 and 19. Mr.Bipin Joshi for Defendant Nos.5 and 16. CORAM : S.J. VAZIFDAR, J. DATE : 13TH AUGUST, 2009. P.C. :- 1. Mentioned, not on board. 2. By this Chamber Summons, the Plaintiffs seek a condonation of delay of 272 days. The Plaintiffs also seek to set-aside the abatement of the suit and to implead the executor to the Will of Defendant No.2. 3. Defendant No.2 expired on 25.5.2007. Defendant No.2 died leaving a Will dated 29.10.2006. Under the said Will, Defendant Nos.1 and 3, her husband and son respectively were appointed as the executors. They were also parties to the suit and it was not necessary therefore to 2 bring them on record upon the death of Defendant No.2. 4. It appears that the Respondent made an application to this Court for issuance of Letters of Administration with the said Will annexed. For the reasons stated therein, Defendant Nos.1 and 3 did not wish to continue as executors to the Will and made an application that the Respondent, who is the wife of Defendant No.5, be joined as the executor in their place. Defendant No.5 is another son of Defendant Nos.1 and 2. 5. The main dispute between the parties is pending in arbitration. In the said arbitration, the Respondent was impleaded on 22.7.2008. There is no doubt that the Plaintiffs were aware of the death of Defendant No.2 and of the appointment of the Respondent as an executor in place of Defendant Nos.1 and 3. The suit was necessitated in view of certain objections having been raised regarding the company not being a party to the arbitration. 6. The Plaintiffs have been prosecuting the litigation which has been pending for several years diligently. There is no justification to allow the suit to abate at this stage for the delay in bringing the newly appointed executor on record. 7. In the circumstances, the Chamber Summons is made absolute in terms of prayers (a) and (b). The amendments to be carried out within two weeks from today.