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Bombay High CourtIA/6458/2024allowed

Pradeep Prabhakar Choudhari(Deceased) Thr Lrs v. M/S Advani Oerlikon Limited (Now Known As M/S.Ador Welding Ltd.)

2024-03-13Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

ssm 25-ia6458.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6458 OF 2024 IN LETTERS PATENT APPEAL (LPA) NO. 278 OF 2011 Pradeep Prabhakar Choudhari (Since Deceased through Lrs.) & Ors.

.....Applicants.

IN THE MATTER BETWEENPradeep Prabhakar Choudhari

.....Appellant Vs.

M/s. Advani Oerlikon Limited (Now Known As M/s. Ador Welding Ltd.) .....Respondent.

Adv. Sanjay K. Gunjkar i/by Adv. Jaydeep Deo for the Applicants. Adv. Shraddha Chavan a/w Adv. Mahendra Agvekar i/by Desai and Desai Legal for the Respondent.

CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 13th MARCH, 2024.

P.C.:- 1) Not on Board. Mentioned. Taken on Board.

2) This is an Application for bringing legal heirs of sole Appellant on record.

3) There is a delay of 6 years and 65 days in filing present Application.

4) Perusal of Application would indicate that, sufficient cause is made out for condonation of delay, setting aside the abatement of Appeal and bringing legal heirs on record.

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ssm 25-ia6458.2024.doc 5) In view thereof, delay is condoned, abatement of Appeal is set aside and Application is allowed in terms of prayer clauses (a) and (b). 6) Learned Advocate for the Appellant is directed to carry out necessary amendment to bring legal heirs of sole Appellant on record as per schedule mentioned in paragraph No.14 of the Application, within a period of three weeks from today in the record of Court and simultaneously in the copy served upon learned Advocate for the Respondent. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2024.03.20 18:48:19 +0530 SANJIV SHARNAPPA MASHALKAR 2/2