Bombay High Court
Sheela Ram Vidhani And Anr vs S.K.Trading Co. And Ors And Mukul Mehra ... on 20 April, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:3214
P1.IA.38318.22.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION(L)NO. 38318 OF 2022
ANJALI Digitally signed by
IN
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2023.04.21
SUIT NO.187 OF 1993
ASWALE 10:41:22 +0530
Smt Sheela Ram Vidhani & Ors ..Applicants/Plaintiffs
Versus
S. K. Trading Co ..Defendants/Respondent
Nos.1 to 6.
And Mukul Mehra ..Proposed Respondent No.7 Mr.Jash Dalia, Advocate for the Applicants/Plaintiffs. Mr.Chirag Kamdar, with Mr.Nanki Grewal, Mansi Joglekar i/b Wadia Ghandy & Co, Advocates for Defendant Nos.4 to 6.
Ms. Bhairavi Pathak i/b I. R. Joshi & Co, Advocates for Defendant Nos.1, 2(a) to 2 (c).
CORAM : B. P. COLABAWALLA, J
DATE : APRIL 20, 2023
P.C.
Not on Board. With the consent of parties taken on Board.
2 The above Praecipe is moved for speaking to the minutes of the order dated 12 th April, 2023. At the end of paragraph no.4, the sentence "Re-verification is dispensed with." shall be added.
Page 1 of 5
APRIL 20, 2023 Aswale ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 16:03:07 ::: P1.IA.38318.22.DOC 3 No other correction is sought. The correction shall be carried out in the original order as well as in the order uploaded on the server.
4 The time to carry out amendment as per the order dated 12th April, 2023 is extended by a period of one week from today.
5 The Praecipe for speaking to minutes is accordingly disposed of.
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 ].
FOR THE SAKE OF CONVENIENCE THE CORRECTED ORDER READS THUS:-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY INTERIM APPLICATION(L)NO.38318 OF 2022 IN SUIT NO.187 OF 1993 Page 2 of 5 APRIL 20, 2023 Aswale ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 16:03:07 ::: P1.IA.38318.22.DOC Smt.Sheela Ram Vidhani & Ors ..Applicants/Plaintiffs Versus S. K. Trading Co ..Defendants/Respondent Nos.1 to 6.
And Mukul Mehra ..Proposed Respondent No.7 Ms. Sonal i/b Jash Dalia, Advocates for the Applicants. Mr.Karl Tamboly, with Mr.Rashmin Khandekar, Urvi Shah, Bhairavi Pathak i/b I. R. Joshi & Co, Advocates for Defendant Nos.1, 2 (a) to 2 (c).
Mr.S. U. Kamdar, Senior Advocate a/w Chirang Kamdar, Mansi Joglekar i/b Wadia Ghandy & Co, for Defendant No.4 to Defendant No.6.
CORAM : B. P. COLABAWALLA, J
DATE : APRIL 12, 2023
P.C.
The above Interim Application is filed seeking amendment of the Plaint as per the Schedule annexed to the Interim Application. The amendments sought are basically twofold. The first is to transpose Plaintiff No.2 to Defendant No.7 and consequential amendments in relation thereto, including the averments as more particularly set out in Clause 37 of the Schedule. The other amendment is to bring the legal heir of Original Defendant No.5 on record who expired on 11 th December, 2021.
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APRIL 20, 2023 Aswale ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 16:03:07 ::: P1.IA.38318.22.DOC 2 The learned counsel appearing on behalf of the Plaintiffs, on instructions, stated that the above amendment application is only being pressed as far as bringing the legal heir of Defendant No.5 on record and is not pressing the rest of the amendments. In other words, the amendment is being pressed only in terms of Clauses 2, 4 and 5 of the Schedule and not any of the other clauses.
3 Considering the aforesaid stand, the learned counsel appearing on behalf of Defendant Nos.1 to 3 as well as Defendant Nos.4 to 6 have fairly stated that they have no objection if the amendments in the Schedule are allowed insofar as they relate to bringing the legal heir of Defendant No.5 on record. 4 In these circumstances, the Plaintiffs are allowed to amend the Plaint only in terms of Clauses 2, 4 and 5 of the Schedule annexed to the Interim Application. The amendment shall be carried out within a period of one week from today and the amended copy of the Plaint shall be served on the advocates for Defendant Nos.1 to 3 as well as Defendant Nos.4 to 6 within a period of one week thereafter. Re-verification is dispensed with.
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APRIL 20, 2023 Aswale ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 16:03:07 ::: P1.IA.38318.22.DOC 5 The Interim Application is disposed of in the aforesaid terms. However, there shall be 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 ].
Page 5 of 5 APRIL 20, 2023 Aswale ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 16:03:07 :::