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Bombay High CourtCAC/209/2015allowed

Shakuntaladevi Parasmal Solanki (Wife) And ORS v. Janata Sahakari Bank Ltd And Others

2015-07-03Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

33.ca.209.15.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 209 OF 2015 IN CIVIL REVISION APPLICATION NO. 224 OF 2010 Shakuntaladevi Parasmal Solanki and others .. Applicants In the matter between Parasmal Gebiramji Solanki .. Applicant Vs.

Janata Sahakari Bank Ltd and others .. Respondents Ms.Sandhya Lokhande i/b M/s.N.N.Vaishnawa & Co., Advocate for the Applicants.

Mr.Aniruddha Lad i/b M/s.B.J.Law Associates, Advocate for the Respondent No.1.

CORAM :

R. G. KETKAR, J.

DATE : 03rd JULY, 2015 P.C. :

.

Heard Ms.Sandhya Lokhande, learned Counsel for the applicants and Mr.Aniruddha Lad, learned Counsel for the respondent No.1.

2.

This is an application for bringing on record heirs and legal representatives of Parasmal Gebiramji Solanki who died on 09/08/2014. The application is filed on 27/12/2014 and therefore, prayer for condoning the delay of 48 days is made. 3.

Ms.Lokhande states that she has served respondent No.2. As far as respondents No. 3 to 6 are concerned, applicants 1/2

33.ca.209.15.doc have filed affidavit of service enclosing therewith paper cutting of Free Press Journal and Navbharat Times. In view thereof respondents No. 3 to 6 are served with paper publication. Mr. Lad submits that no sufficient cause is made out for condoning the delay. 4.

For the reasons stated in paragraph 2 of the application which are not controverted as also having regard to fact that delay is of 48 days, I am satisfied that that applicants have made out a sufficient cause of condoning the delay. Hence, Civil Application is allowed in terms of prayer clause (a). The applicants are allowed to substitute applicants No.1(a) to 1(d). Amendment shall be carried out within 14 days from today.

(R. G. KETKAR, J.) 2/2