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2013 Supreme(Bom) 378

R.D.DHANUKA
Ravji Khimji Chheda – Appellant
Versus
Kesarben Laxmichand Dedhia – Respondent


Advocates Appeared:
For the Applicants:Hiralal Thakkar, Senior Advocate, a/w. Vishal Thakkar, Bhavin Gada, i/b. M/s. Harkchand & Co., Advocates.
For the Respondents:S.U. Kamdar, Senior Advocate, a/w. G.R. Joshi, Ms. Heena Chheda, Avdhoot Prabhu, Anirudh Hariani i/b. Hariani & Co., Advocates.

JUDGMENT

By this Chamber Summons filed by the applicants under Order 22 Rule 9 of the Code of Civil Procedure, 1908, the applicants seek setting aside of abatement of arbitration petition dismissed by orders dated 13th September, 2005 and 26th September, 2005 and also seek condonation of delay of 676 days in taking out Chamber Summons for bringing the heirs and legal representatives of deceased petitioner no.2, 1707 days delay in taking out Chamber Summons for bringing the heirs and legal representatives of deceased petitioner no.3 and 3200 days delay in taking out Chamber Summons for bringing the heirs and legal representatives of deceased petitioner no.1 and 284 days delay in taking out Chamber Summons for bringing the heirs and legal representatives of deceased respondent no.2. Some of the relevant facts for the purpose of deciding this Chamber Summons are as under:-

2. Original petitioner nos. 1 to 4 viz. Mr. Ravji Khimji Chheda, Mr. Visanji Khimji Chheda, Mr. Shamji Khimji Chheda and Mr. Padamsey Khimji Chheda were brothers and were cousins of petitioner no.5. By an agreement dated 4th March, 1964 and 3rd December, 1968, the original petitioner nos. 1 and 3 agreed to purchase l


























































































































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