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Bombay High CourtCAS/273/2016allowed

Babu Rama Chougule (Deceased Thr. Lrs) v. The Ratnakar Bank Ltd. Miraj And ORS.

2016-12-07Hon'Ble Shri Justice R.D. Dhanuka2 pages

61-cas273-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.273 OF 2016 IN SECOND APPEAL NO.612 OF 2013 Babu R. Chougule, since deceased through His L.Rs. - Shankar B. Chougule & Ors. ...Applicants V/s.

The Ratnakar Bank Limited & Ors.

...Respondents

Mr.A.S. Magdum i/b Mr.S.S. Patwardhan for the Applicants. Mr.T.S. Ingale for the Respondent No.1-A.

CORAM : R.D. DHANUKA, J.

DATE : 7TH DECEMBER, 2016.

P.C. :- 1.

By this civil application, the applicants seek impleadment of the legal heirs and representatives of the respondent no.1(i), who expired on 11th August, 2014. A copy of the death certificate of the appellant no.1 is annexed. I have perused the averments made in the civil application. I am satisfied that the delay in filing the present civil application is satisfactorily explained.

2.

I therefore, pass the following order :- a).

The civil application is made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within two 1/2

61-cas273-16 weeks from today. The amended copy of the second appeal shall be served upon the respondents within two weeks from the date of carrying out amendment.

b).

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2