Haji Ali Rewa Premises Co-Operative ... vs Bindu S. Mewar
2023 Latest Caselaw 13075 Bom

Bombay High Court

Haji Ali Rewa Premises Co-Operative ... vs Bindu S. Mewar on 19 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                              45-SJ-30-2023.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                      IN ITS INSOLVENCY JURISDICTION

                   SUMMONS FOR JUDGMENT NO.30 OF 2023
                                  IN
                  COMMERCIAL SUMMARY SUIT NO.4 OF 2022

 HAJI ALI REWA PREMISES CO-OPERATIVE                  )
 SOCIETY LIMITED                                      )...PLAINTIFF

          V/s.
 BINDU S. MEWAR                                       )...DEFENDANT

 Ms.Sapana Rachure, Advocate for the Plaintiff.
 Mr.Uttam Rane, Advocate for the Defendant.

                               CORAM    :     ABHAY AHUJA, J.

                               DATE     :     19th DECEMBER 2023

 P.C. :


 1.       Mentioned out of turn.

2. Both the learned Counsel submit that since the sole Defendant

has died on 1st November 2023, this Court permit the heirs of the

deceased Defendant to be brought on record in terms of the draft

amendments which are tendered across the bar.

3. Let the heirs of the deceased Defendant be brought on record in

terms of the draft amendments. Let the amendments to the plaint and

45-SJ-30-2023.doc

the summons for judgment in terms of the draft amendments be carried

out within a period of two weeks. Let the amended copy of the plaint

and the summons for judgment be served upon the new Defendants

within a period of two weeks thereafter. Affidavit of service with

tangible proof be filed in that regard by the next date.

4. Let reply to the amended summons for judgment be filed in two

weeks after receipt of the amended summons for judgment.

5. List on 7th February 2024.

(ABHAY AHUJA, J.)