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Bombay High Court

Times Global Broadcasting Co Ltd And Anr vs Parshuram Babaram Sawant Thr. His ... on 3 September, 2021

Bench: K.K. Tated, Prithviraj K. Chavan

                                                                              8-IA-2169-2021.doc


                Shailaja


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                       INTERIM APPLICATION NO.2169 OF 2021
                                                               IN
                                               FIRST APPEAL NO.1811 OF 2011


                Times Global Broadcasting Co. Ltd.                           ]        Applicant
                IN THE MATTER BETWEEN:
                Times Global Broadcasting Co. Ltd.                           ]
                and another.                                                 ]        Appellants
                           Vs
                Mr. Parshuram Babaram Sawant and others                      ]        Respondents
                                                              .....
                Ms. Nikita Vardhan i/b Kanga & Co., for Applicant.
                Mr. P. M. Jadhav, for Respondent.
                                                              .....
                                                       CORAM : K.K. TATED &
                                                               PRITHVIRAJ K. CHAVAN, JJ.

                                                       DATE   : 3 rd September, 2021

                P.C.


                1.         Heard learned Counsel for the parties.


                2.         By this interim application, applicant is seeking permission
                to carry out appropriate amendment showing correct names of
                legal heirs of deceased respondent-Parshuram B. Sawant who died
                on 15th February, 2021.



                     Digitally signed by SHAILAJA
SHAILAJA SHRIKANT
HALKUDE
                     SHRIKANT HALKUDE
                     Date: 2021.09.09 11:19:44 +0530
                                                                                                   1 of 3
                                                8-IA-2169-2021.doc


3.    Learned Counsel appearing on behalf of the applicant
submits that Mr. Jadhav, learned Counsel appearing on behalf of
respondent has informed her about death of respondent-
Parshuram Sawant vide letter dated 10 th March, 2021. She submits
that thereafter they preferred present application for bringing the
legal heirs on record on 7th May, 2021. The same is in time.


4.    Learned Counsel appearing on behalf of the applicant
submits that in the interest of justice, this Court be pleased to
allow the present application for bringing legal heirs of the
deceased respondent on record.


5.    Considering the submission made by learned Counsel
appearing on behalf of the applicant and averments made in the
interim application and as the learned Counsel appearing on
behalf of the respondent has no objection to carry out amendment,
following order is passed;
                              :ORDER:

(a) Interim Application is allowed in terms of prayer clause

(a) which reads thus;

(a)that the Applicant/Appellant No.1 be granted liberty and permitted by an Order passed by this Hon'ble Court to forthwith delete the name of Original Respondent in the First Appeal and implead the heirs of the Original Respondent and carry out other consequential amendments as set out in the Schedule annexed hereto;"

2 of 3 8-IA-2169-2021.doc
(b) Amendment to be carried out in the first appeal on or before 30th September, 2021;
(c) If amendment is carried out within time, the applicant is directed to serve the newly added respondents by private notice along with entire proceedings by R.P.A.D or hand delivery and file affidavit of service to that effect on or before 10th October, 2021;
(d) Interim Application stands disposed of.
(e) No order as to costs.

[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.] 3 of 3