Shri. Ashok Kumar Radhakrishna Ruia Since Deceased Thr. Lrs. Mrs. Amla Ashok Ruia And ORS. v. Mr. Nirmalkumar Ramniwas Ruia (Since Deceased Through Heirs Mrs. Veena Nirmalkumar Ruia)

517 caf1078-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1078 OF 2019 IN FIRST APPEAL (ST.) NO.37356 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Drupad S. Patil i/b Mr.J.M.Partner for the applicant Ms.Vinodini Srinivasan i/b M/s.Keystone Partners for the respondent nos.5 to 7 CORAM : K. K. TATED, J DATE : APRIL 10, 2019 P.C.:

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Not on board. At the request of Advocate for the Applicant, matter is taken on board for urgent orders.

By this Civil Application, Applicant Insurance Company is seeking permission to bring legal heirs on record of sole appellant Ashok Kumar Radhakrishna Ruia who died on 7.1.2019. The present Civil Application is filed Mohite 1/2

517 caf1078-19.doc on 31.1.2019 i.e. within time.

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Applicant is permitted to bring legal heirs on record of deceased sole appellant in First Appeal (St.) No.37356 of 2018 and pending Civil Applications on or before 2.5.2019 failing which Civil Application shall stand dismissed without referring back to the court.

b.

If amendment is carried out within stipulated time as stated hereinabove, applicant to serve amended copy of Appeal Memo as well as Civil Application on other side and file Affidavit of Service to that effect. c.

Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2