Bombay High Court
Asrec (India) Ltd vs Bharat Ravji Surti And 8 Ors on 26 August, 2022
Author: K.R. Shriram
Bench: K.R. Shriram
Digitally
signed by
MEERA 1/3 259-wp-2875-15.doc
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2022.08.29
17:46:30 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2875 OF 2015
Bharat Ravji Surti ....Petitioner
V/s.
The Bharat Co-op Bank Ltd. & Ors. ...Respondents
WITH
NOTICE OF MOTION (L0 NO.957 OF 2015
WITH
NOTICE OF MOTION (L) NO.877 OF 2015
WITH
INTERIM APPLICATION (L0 NO.21184 OF 2021
IN
WRIT PETITION NO.2875 OF 2015
WITH
WRIT PETITION NO.447 OF 2020
WITH
WRIT PETITION NO.2327 OF 2019
WITH
INTERIM APPLICATION (L) NO.21181 OF 2021
IN
WRIT PETITION NO.2327 OF 2019
WITH
INTERIM APPLICATION (L) NO.21161 OF 2021
IN
WRIT PETITION NO.204 OF 2016
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Ms Sapana Rachure for Petitioner in all petitions. Mr. Nikhil Rajani i/b V Deshpande & Co. for Applicant in all Interim Applications.
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CORAM : K.R. SHRIRAM & A.S. DOCTOR, JJ DATED : 26th AUGUST 2022 P.C. :
WRIT PETITION NO.447 OF 2020 1 Wrongly tagged. To be de-tagged.
Meera Jadhav 2/3 259-wp-2875-15.doc INTERIM APPLICATION (L0 NO.21184 OF 2021 IN WRIT PETITION NO.2875 OF 2015 WITH INTERIM APPLICATION (L) NO.21181 OF 2021 IN WRIT PETITION NO.2327 OF 2019 WITH INTERIM APPLICATION (L) NO.21161 OF 2021 IN WRIT PETITION NO.204 OF 2016 2 These three interim applications have been taken out on behalf of applicant ASREC (India) Ltd. Applicant is seeking to be added as party to the petition in place of original respondent no.1. According to applicant, the debt of original respondent no.1 has been assigned to applicant by a deed of assignment dated 25th March 2021, copy whereof is annexed to the application. In view thereof, applicant has prayed for the relief as stated in the applications.
3 No affidavit in reply opposing the applications are filed either by petitioner, or any other party. 4 In the circumstances, we inclined to allow the applications in terms of prayer clauses (a) and (b) thereof, except the bracketed portion, and the same read as under:
"(a) the name of the present Applicant Assignee substituted as Assignee of the present Respondent No.1 in the aforesaid Writ Petition and other incidental proceedings and the Applicant Assignee be permitted to pursue with the aforesaid writ petition in its own name.
(b) the petitioner be ordered and directed to amend the Writ Petition and to carry out amendments to the Writ Petition as per the schedule annexed hereto."
Meera Jadhav 3/3 259-wp-2875-15.doc 5 We clarify that applicant shall be substituted in place of original respondent no.1. Amendment to be carried out and amended copy to be served within three weeks from today. 6 As regards clause (II) of the schedule annexed to the application, the words "Consequential Amendments to the Writ Petition filed by Petitioner and" are not granted. The portion not granted is bracketed in red-ink. 7 All Interim applications accordingly disposed. 8 Petitions be listed for final hearing on 29th September 2022. (A. S. DOCTOR, J.) (K.R. SHRIRAM, J.) Meera Jadhav