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Bombay High CourtCAA/469/2016disposed off

Miss. Prachi Prabhakar Vaidya And ORS. v. The Mahanagar Co-Operative Bank Ltd.,

2016-04-05Hon'Ble Shri Justice S.J. Kathawalla2 pages

ca 469 of 2016 .sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.469 OF 2016 IN APPEAL FROM ORDER NO.1003 OF 2011 IN NOTICE OF MOTION NO.1662 OF 2011 IN SUIT (ST) NO.1728 OF 2011 Prachi P.

Vaidya and Ors.

...

Appellants versus The Mahanagar Co-op. Bank Ltd.

...

Respondent

Versus

Prajwal P. Vaidya and Anr.

...

Applicants Mr. Joglekar i/by Mr. V.R.Shah, for Applicants. Mr. Sarwankar i/by M/s. Sarwankar and Co., for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 5 th APRIL, 2016 P.C.:

1.

Perused the Civil Application. The Civil Application is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder : "(a) that this Hon'ble Court be pleased to allow the Applicants to amend the A.O., and C.A., therein to bring the Appellant Nos.2 and 3 as the legal heirs of the Appellant No.1 on record as the legal heirs as per the Schedule annexed hereto;

(b)the delay of 36 days in taking out the civil Application be condoned and abatement of the appeal if any be set aside; ssp 1/2

ca 469 of 2016 .sxw 2.

The Applicants shall be at liberty to carry on continue with all the pending proceedings.

3.

The Civil Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2