4-CHS-820-2017.DOCX Pallavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.820 OF 2017 IN APPEALS NO.232 OF 2009 Suresh Manherlal Mehta ...Applicant Versus ICDS Limited, Mumbai ...Respondent ______________________________________________________ Ms. Prachi Tatake (Thr. V.C.) for Appellant. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ. DATED : 14 November 2025 P.C.:- 1. We were inclined to dismiss this matter for non- prosecution. On 24 September 2025 the Appellants or their counsel did not bother to appear. Still, an additional opportunity was granted and the matter was posted on 8 October 2025. On 8 October 2025 an adjournment was applied. On that date, the matter was adjourned to 14 November 2025. 2. Now, we are informed that the sole Appellant expired on 12 December 2014. A Chamber Summons was taken out in March 2017. Chamber Summons seeks condonation of delay and for leave to bring on record the legal PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2025.11.24 11:15:06 +0530 4-CHS-820-2017.DOCX representatives of the deceased Appellant. 3. The learned counsel for the Applicant states that a copy of this Chamber Summons has been served upon the Respondents. 4. We have perused the affidavit in support of the Chamber Summons. The main reason is that the legal representative who was pursuing the matter has suffered from a very serious ailment. The reasons set out in paragraphs 2, 3 and 4 constitutes sufficient cause. 5. Therefore, we condone the delay, set aside the abatement, if any, and allow the legal representatives of the Appellant to come on record. Ms. Prachi Tatake states that she will hereafter appear on behalf of the legal representatives irrespective of whether or not her name appears on the cause-list. 6. The necessary amendment be carried out within two weeks from today. 7. Chamber Summons No.820 of 2017 is disposed of. (Advait M. Sethna, J) (M.S. Sonak, J.)