: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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 990 OF 2008 SUMMONS NO. 990 OF 2008 SUMMONS NO. 990 OF 2008 IN IN IN SUIT SUIT SUIT NO. 4229 OF NO. 4229 OF NO. 4229 OF 1997 1997 1997 The Board of Trustees of the Port of Mumbai. ... Plaintiff. V/s. Manohar Sadashiv Mane & Ors. ... Defendants. And Urmila Manohar Mane & Anr. ... Respondents. Ms. Bhalekar i/b. Mulla & Mulla for the Plaintiff. Mr. S.P. Ghaste for Defendant No.3. Mr. D. Mishra for Respondent Nos. 1 and 2. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . The Plaintiffs have filed a Suit against the Defendant, which is pending in this Court. The Suit is filed in the year 1997. The First Defendant has expired on 23rd October 2006. When his Widow applied for releasing the terminal dues, the Plaintiff came to know that the First Defendant has expired. Thereafter, necessary details were obtained and the Chamber Summons has been filed on 7th July 2008. 2. This Chamber Summons is duly served on all parties. An affidavit in reply has been filed by the Respondents who are the Heirs and Legal Representatives of the deceased. The principal contention urged is that the Chamber Summons is barred by delay and latches. :2: 3. Having perused this Chamber Summons and affidavit in support, I am satisfied that liberal principles have to be applied while entertaining and deciding such applications. The Hon’ble Supreme Court has amply clarified this position by holding that as far as possible, parties must be given an opportunity to have their claim adjudicated on merits and should not be shut out on such technicalities. If aggrieved parties can be compensated by payment of such costs, all the more, such opportunities must be given. Following this principle, I have allowed this Chamber Summons. The Chamber Summons is made absolute in terms of prayer clauses (a) to (d), subject to paying costs quantified at Rs.5,000/- to be paid to Defendant No.3 and the Respondent in equal proportions. Costs to be paid within two weeks from today. Amendment to be made thereafter. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)