ssm sm sm 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. 276 OF 2006 SUMMONS NO. 276 OF 2006 SUMMONS NO. 276 OF 2006 IN IN IN APPEAL APPEAL APPEAL NO. 776 OF 2003 NO. 776 OF 2003 NO. 776 OF 2003 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO. 386 OF 1996 FOR JUDGMENT NO. 386 OF 1996 FOR JUDGMENT NO. 386 OF 1996 IN IN IN SUM. SUM. SUM. SUIT NO. 1218 OF 1996 SUIT NO. 1218 OF 1996 SUIT NO. 1218 OF 1996 Dalla Haroon ...Appellant. Vs. Bank of Baroda ...Respondent. and Iqbal Haroon Dalla & Ors. ...Applicants. Mr. Harish Pandya i/by M/s. L.C.Tolat & Co. for the Applicants. Mr. Ashok R. Varma i/by Mr. Jayesh Patel for the Respondent. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 1ST FEBRUARY, 2008 : 1ST FEBRUARY, 2008 : 1ST FEBRUARY, 2008 P.C. P.C. P.C. . Mentioned. Not on board. 2. Heard the learned counsel for the Applicants and the learned counsel for the Respondent. The learned counsel for the Applicants states that the Appeal was disposed of by an order dated 1st September, 2003. It appears that the original Appellant died on 18th December, 2005 and the Applicant Nos. 1a, 1b and 1c are only the legal heirs and representatives of the original deceased Appellant. ( 2 ) 3. It appears that due to oversight, the Applicants were not brought on record when the Appeal was withdrawn on 20th November, 2007. In view of this, as per the Chamber Summons No.276/2006, by consent of the learned counsel for the Respondent, Applicant Nos. 1a, 1b and 1c be placed as legal heirs and representatives of the deceased Appellant. Accordingly, the Chamber Summons No.276/2006 is made absolute in terms of prayer clause (a). In view of the same, the Suit No.1218 of 1996 is restored to file and the Appeal No.776 of 2003 also stands restored to file. The learned counsel for the Appellants is granted time of two weeks to carry out the amendment on record in both, suit as well as in the Appeal. 4. By consent of the parties, the Applicant No. 1a, Mr.Iqbal Haroon Dalla is permitted to withdraw the suit No.1218 of 1996 as per the common order dated 20th November, 2007. 5. In view thereof, both the Suit as well as the Appeal stands disposed of alongwith the Notice of Motion. ( 3 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)