1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 977 OF 2009 IN SUIT NO. 1901 OF 1991 M/s Concept Developers ...... Plaintiff. V/s Shankar Chandrakant Dhru & Ors. ...... Defendants And Subhadra Shankar Dhru & Ors. ...... Applicants. ---- Mr. Deepak Chitnis, for the Plaintiff. Mr. Uday P. Warunjikar, a/w N. Bhatekar, for Respondent Nos.1,3 4,6,12 and 13. --- CORAM: V.M. KANADE, J. DATE : 11 th JANUARY, 2010 . P.C.: 1. Heard the learned counsel appearing on behalf of the plaintiff and the learned counsel appearing on behalf of the defendants. 2. The learned counsel appearing on behalf of the plaintiff submits that there is a three years delay in filing the Chamber Summons. He points out that the reasons for delay in taking out the Chamber Summons are mentioned in paragraphs 3 to 9 of the 2 affidavit-in-support of the Chamber Summons. He therefore submits that the delay is caused in taking out Chamber Summons for bringing the heirs of defendant no.1 on record. 3. The learned counsel appearing on behalf of the defendants, on the other hand, vehemently opposed the prayer for condonation of delay in filing the Chamber Summons. 4. Perused the affidavit-in-support of the Chamber Summon, and reply filed by the defendants. For the averments made in the affidavit-in-support, it would be appropriate if the delay in filing the Chamber Summons is condoned. Accordingly, the Chamber Summons is made absolute. The order of abatement against defendant no.1 is set aside. The Plaintiff is directed to carry out the amendment as per schedule annexed to the Chamber Summons. Amendment to be carried out within two weeks from today. 5. The Chamber Summons is accordingly disposed of. (V.M. KANADE, J.)