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 SUMMONS NO. 364 OF 2008 IN APPEAL APPEAL APPEAL NO. 277 OF 1999 NO. 277 OF 1999 NO. 277 OF 1999 IN SUIT NO.1376 OF 1987 Smt. Meena Lakhmichand Asrani ... Appellants & Ors. Vs. Bank of India & Ors. ... Respondents And Jal. H. Gala ... Applicant. Ms. Kavita Shah i/b A.G. Shah for Appellants. None for respondents. CORAM CORAM CORAM : R.M.S. KHANEPARKAR, & : R.M.S. KHANEPARKAR, & : R.M.S. KHANEPARKAR, & P.B. P.B. P.B. MAJMUDAR, JJ. MAJMUDAR, JJ. MAJMUDAR, JJ. DATE DATE DATE : 28TH APRIL, 2008 : 28TH APRIL, 2008 : 28TH APRIL, 2008 P.C. P.C. P.C. :- :- :- 1. Heard learned Advocate appearing for the appellants. The appellant No. 6 expired on 26th July, 2003. The Chamber Summons to bring the LRs of the appellant No. 6 has been taken out on 26th February 2008. Only ground given for condoning the delay of 4 years and 4 months in taking out Chamber Summons to bring the LRs on record is that 2 the appellant No. 5 informed about the death of appellant No. 6 to the Advocate on 8th February 2008. Apart from this, no other ground has been disclosed for delay in taking out Chamber Summons for bringing LRs of appellant No.6. 2. Merely because one of the appellant informed their Advocate about the death of appellant No. 6 on 28th February, 2008, when in fact the appellant No. 6 had expired on 26th July, 2003 is no justification for condoning the delay of 4 years and 4 months. Since there is no cause disclosed for condoning of the delay, the Chamber Summons is dismissed. 3. Appeal be fixed for hearing beyond vacation. ( R.M.S. R.M.S. R.M.S. KHANDEPARKAR, J.) KHANDEPARKAR, J.) KHANDEPARKAR, J.) ( P.B. MAJMUDAR, J.) P.B. MAJMUDAR, J.) P.B. MAJMUDAR, J.)