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Bombay High CourtIA/2169/2021allowed

Times Global Broadcasting Co Ltd And ANR v. Parshuram Babaram Sawant Thr. His Constituted Attorney Mr.Manoj Shankar Wad

2021-09-03Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2169 OF 2021 IN FIRST APPEAL NO.1811 OF 2011 Times Global Broadcasting Co. Ltd.

] Applicant

IN THE MATTER BETWEEN:

Times Global Broadcasting Co. Ltd.

] and another.

] Appellants Vs Mr. Parshuram Babaram Sawant and others ] Respondents .....

Ms. Nikita Vardhan i/b Kanga & Co., for Applicant. Mr. P. M. Jadhav, for Respondent.

.....

CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 3rd September, 2021 P.C.

1.

Heard learned Counsel for the parties.

2.

By this interim application, applicant is seeking permission to carry out appropriate amendment showing correct names of legal heirs of deceased respondent-Parshuram B. Sawant who died on 15th February, 2021.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2021.09.09 11:19:44 +0530

3.

Learned Counsel appearing on behalf of the applicant submits that Mr. Jadhav, learned Counsel appearing on behalf of respondent has informed her about death of respondentParshuram Sawant vide letter dated 10th March, 2021. She submits that thereafter they preferred present application for bringing the legal heirs on record on 7th May, 2021. The same is in time. 4.

Learned Counsel appearing on behalf of the applicant submits that in the interest of justice, this Court be pleased to allow the present application for bringing legal heirs of the deceased respondent on record.

5.

Considering the submission made by learned Counsel appearing on behalf of the applicant and averments made in the interim application and as the learned Counsel appearing on behalf of the respondent has no objection to carry out amendment, following order is passed;

: O R D E R :

(a) Interim Application is allowed in terms of prayer clause (a) which reads thus;

(a)that the Applicant/Appellant No.1 be granted liberty and permitted by an Order passed by this Hon'

ble Court to forthwith delete the name of Original Respondent in the First Appeal and implead the heirs of the Original Respondent and carry out other consequential amendments as set out in the Schedule annexed hereto;"

(b) Amendment to be carried out in the first appeal on or before 30th September, 2021;

(c) If amendment is carried out within time, the applicant is directed to serve the newly added respondents by private notice along with entire proceedings by R.P.A.D or hand delivery and file affidavit of service to that effect on or before 10th October, 2021;

(d) Interim Application stands disposed of.

(e) No order as to costs.

[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]