Kishordas S. Mehta vs Choksi Tube And Ors
2024 Latest Caselaw 271 Bom

Bombay High Court

Kishordas S. Mehta vs Choksi Tube And Ors on 5 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                   1. COMSS 8-06 @ Ors.doc


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

                   COMMERCIAL SUMMARY SUIT NO. 8 OF 2006

 Nishit K. Mehta and Anr.                            ...Plaintiffs
             V/s.
 Choksi Tube Co. Ltd. and Ors.                       ...Defendants
                                     WITH
                         JUDGE'S ORDER NO. 416 OF 2006
                                      IN
                    COMMERCIAL SUMMARY SUIT NO. 8 OF 2006
                                     WITH
                     INTERIM APPLICATION NO. 25804 OF 2023
                                      IN
                    COMMERCIAL SUMMARY SUIT NO. 8 OF 2006
                                     WITH
                   SUMMONS FOR JUDGMENT (L) 35327 OF 2023
                                      IN
                    COMMERCIAL SUMMARY SUIT NO. 8 OF 2006

 Mr. Gaurang Mehta with Mr. Amit Shroff and Ms. Vidhi Dharia,
 Advocates for the Applicants/ Defendants No.2, 3A to 3C.
 Mr. Rubin Vakil with Mr. Sahil Gandhi and Ms. Dimple Vora i/by M/s
 Markand Gandhi & Co.,Advocates for the Plaintiffs in COMSS No.8 of
 2006 and for the Respondents in IAL No.25804 of 2023.

                                  CORAM     : ABHAY AHUJA, J.

                                  DATE      : 5th JANUARY, 2023

 PC :

1. Today the matter is listed for Mr. Mehta, learned Counsel for

Defendants to conclude his arguments and if possible for Mr. Vakil,

learned Counsel for Plaintiffs to reply.

1. COMSS 8-06 @ Ors.doc

2. However, before the arguments have commenced, Mr. Mehta,

learned Counsel for Defendants submits that Defendant No. 3(a), Mrs.

Sushila Harshad Choksi has passed away and her heirs would need to

be brought on record. Mr. Vakil, learned Counsel for Plaintiffs submits

that her heirs are already on record as Defendants No. 3(b) and 3(c)

and therefore, only formal amendment to delete Mrs. Sushila Harshad

Choksi's name would be required. Mr. Mehta, learned Counsel for the

Defendants agrees that the amendment can be carried out. Accordingly,

let the amendment to delete the name of Mrs. Sushila Harshad Choksi

from all the proceedings as well as consequential amendments be

carried out, within a period of one week.

3. Mr. Mehta, learned Counsel for the Defendants has concluded his

arguments. For Mr. Vakil, learned Counsel for the Plaintiffs to

commence his arguments, list on 23rd January, 2024 at 3.30 p.m.

(ABHAY AHUJA, J.)