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Bombay High CourtIA/695/2023

Shri. Ulhas Ankush Marne Decd Thru Lhr Shri. Nikhil Ulhas Marne v. M/S. Aquapharm Chemical Company Limited

2023-01-25Hon'Ble Shri Justice Rajesh S. Patil2 pages

75. ia. 695.2023.doc Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION INTERIM APPLICATION NO. 695 OF 2023 IN WRIT PETITION NO. 6885 OF 2015 Shri. Ulhas Ankush Marne Deceased Thru Lhr Shri. Nikhil Ulhas Marne Applicant.

V/s.

M/s. Aquapharm Chemical Company Limited.

Respondent.

...

Mr. Atharva Date i/b. Prathmesh B. Bhargude for Applicant. ....

CORAM : RAJESH S PATIL, J.

DATED : 25th January, 2023 P.C.:

1.

This Interim Application is filed for bringing the proposed legal heirs of deceased Petitioner on record.

2.

There is a delay of 108 days in filing this application. The counsel for respondent opposes the application.

3.

The Division Bench of this Hon'ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the

75. ia. 695.2023.doc application of bringing legal heirs on record, relying on Supreme Court judgment of Sardar Amarjit Singh Kalra (Died) by Lrs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated in the application, Interim Application is allowed in terms of prayer clause A), B) and D. Abatement stands set aside.

5.

The Interim Application stands disposed off. 6.

Amendment to be carried out within a period of three weeks from today.

(RAJESH S. PATIL, J.)