kbp 1 1580-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1580 OF 2009 IN SUIT NO.2071 OF 1988 Trikan J.Boricha & ors. ..Plaintiffs Vs. Usha Kiran Co-operative and ors. ..Defendants/Applicants And Shrikant Punja Rathod and another ..Applicants ......... Mr.Kranti L.C. i/b.Ms.Gayatri Singh, for applicants and plaintiffs. Mr.M.Shukla i/b.Desai & Diwanji, for defendant no.1. ......... CORAM : A.S.OKA, J.. DATE : 25th November, 2009. P.C. : 1] Heard learned counsel for the plaintiffs in support of the chamber summons. I have heard learned counsel for the first defendant who has opposed the chamber summons. 2] The third plaintiff expired on 16 th April, 1990. The seventh plaintiff expired on 6 th May, 1988. The first applicant claims to be the legal representative of the third plaintiff and the second applicant claims to be the legal representative of the seventh plaintiff. There is a long delay in taking out the chamber summons. As per the liberty granted by this Court, additional affidavit-in-support has been filed by the first and second applicants. In the additional affidavit filed kbp 2 1580-09.sxw by the first applicant, it is stated that till the year 2009 the said applicant was not aware about the pendency of the suit. The same is the stand taken by the second applicant. 3] In view of the said statements on oath, the delay deserves to be condoned, subject to payment of costs to the first defendant. The amount of costs is quantified at Rs.10,000/-. 4] Hence, the chamber summons made absolute in terms of prayer clause (a). The applicants shall pay the costs of Rs.10,000/- to the first defendant within six weeks. The payment of the costs shall be the condition precedent. Time of eight weeks is granted to carry out the amendment. ( A.S.OKA, J. )