Bombay High Court
Reshma Zaveri And Anr vs Vikram Chandulal Shah And 5 Ors And Ketan ... on 17 August, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
17.ia.785.19..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 785 OF 2019
Digitally signed by
ANJALI ANJALI TUSHAR
TUSHAR
ASWALE
ASWALE
Date: 2022.08.17
14:36:56 +0530
IN
SUIT NO. 60 OF 2015
Reshma Zaveri ..Applicant/Orig. Plaintiff No.1
IN THE MATTER BETWEEN
Reshma Zaveri & Anr ..Plaintiffs
Vs.
Vikram C. Shah & Ors ..Defendants
And
Ketan S. Nagrawala & Ors ..Respondents
Mr. M. A. Shah i/b Auroma Law, for the Applicant.
Mr.Amey Patil i/b Vivek Kantawala & Co, for Defendant No.1.
Mr. Ketan S. Nagrawala, legal heir of Plaintiff No.2 is present in
Court.
Ms. Bhakti A. Parekh, legal heir of Plaintiff No.2 is present in
Court.
CORAM:- B. P. COLABAWALLA,J.
DATE :- AUGUST 17, 2022.
P. C.:
The above Interim Application is filed inter alia seeking to bring the legal heirs of Plaintiff No.2 (Charulata Nagrawala) on record Aswale page 1 of 3
17.ia.785.19..doc who expired on 8th August, 2018. The heirs of Original Plaintiff No.2 are joined as the Respondents to the above Interim Application.
Respondent Nos.1 and 2, namely, Mr. Ketan S. Nagrawala and Bhakti Parekh are present in Court today in-person. They have stated before the Court that all the Respondents are the legal heirs of Original Plaintiff No.2 and want to be joined as Co-Plaintiffs along with Plaintiff No.1 (Reshma Zaveri). The learned counsel appearing on behalf of Plaintiff No.1 has also stated that he shall be filing the Vakalatnama on behalf of these Respondents once they are joined as Co-Plaintiffs in the above Suit.
2 Though Respondent No.3 is not present in Court today as she is unwell, Respondent Nos.1 and 2 being the brother and sister of Respondent No.3, have stated before the Court that even Respondent No.3 wants to join in the above Suit as a Co-Plaintiff along with Original Plaintiff No.1.
3 Having heard the learned counsel appearing on behalf of the Applicant/Plaintiff No.1, the learned counsel appearing on behalf of the 1st Defendant as well as Respondent Nos.1 and 2 (who appeared in - person), and after perusing the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c) which read thus:-
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17.ia.785.19..doc
"a) That the Hon'ble Court be pleased to condone the delay in preferring the above Interim Application.
b) That this Hon'ble Court be pleased to set aside abatement of suit against Plaintiff No.2.
c) That this Hon'ble Court be pleased to permit the Applicant to delete the name of deceased Plaintiff No.2 from the cause title of the Plaint and proceedings and add the names of Respondents in place and stead of deceased Plaintiff No.2 and amend the Plaint in terms of the Schedule annexed as Exhibit "B" to this Interim Application."
4 The amendments shall be carried out within a period of two weeks from today and the amended copy of the Plaint and proceedings shall be served on all the Defendants within a period of two weeks thereafter. If the Defendants seek to file any Written Statement/ additional Written Statement, they may do so within a period of four weeks from the date of service of the amended Plaint on them. 5 The Interim Application is disposed of in the aforesaid terms. No order as to costs.
6 This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
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