Shri. Mayur Mangaldas Kothari v. Linky Hotels And Shopping Spot Private Limited And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2640 of 2018 IN FIRST APPEAL NO.654 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Deepti Panda a/w Ms.Aastha Mehta I/b M/s.Dhru and Co. for the applicant Mr.Shakeel Shaikh for the respondent no.2 Mr.S.J.Khera for the respondent no.6 Mr.Li Shu Fen for the respondent no.5 CORAM : K. K. TATED, J DATE : MARCH 22, 2019 P.C.:

.

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

Heard.

By this Civil Application, Applicant is seeking permission to bring legal heirs on 1/3

record of deceased Respondent no.3 who died on 18.02.2018.

The present Civil Application is filed within time.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as Application is filed within time, I am satisfied that the Applicant has made out a case for following order:

a) Applicant is permitted to bring legal heirs on record of deceased Respondent no.3 in First Appeal No.654 of 2014 and pending Civil Application if any on or before 26.04.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

b) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the First Appeal as well as pending Civil Application, if any, on the Advocate for the other side as well as legal heirs of deceased Respondent no.3 along with entire proceedings by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect.

c) Civil Application stands disposed of 2/3

accordingly.

d) No order as to costs.

(K.K.TATED, J.) 3/3