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

907.2018.19-caf

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2018/2019 IN FIRST APPEAL NO.654/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Deepti Panda with Aakanksha Patil with Khyati Pandit I/b. Dhru & Co. for the Applicant Mr. S. J. Khera for Respondent No.6 Mr. Mahernosh Humrenwala with Biswadeep Chakravarty with Dipanwita Ghosh I/b. Mahernosh Humranwala for Respondent No.3A in the First Appeal Ms. Adline Rodrigues - Administrator for Respondent No.4.

Mr. Anuj Narula I/b. Jhangiani Narul & Associates for Respondent No.2.

Mr. Sidharth Chandrashekhar I/b. Suresh Chandrashekhar & LI SHU FEN for Respondent No.5.

CORAM

: K.K.TATED, J.

DATED : JUNE 13, 2019 P.C.

Heard. By this Civil Application, the Applicant - Plaintiff is seeking to carry out amendment in the appeal memo by incorporating additional grounds as described in Exhibit-A on page 6 of the Civil Application.

The learned counsel for Respondent No.6 has vehemently opposed the Civil Application. He submits that the Applicant has not made out any case for allowing the Civil Application.

Basavraj G Patil 1/2

907.2018.19-caf Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Applicant is permitted to carry out amendment in the First Appeal as per Exhibit-A, Schedule of amendment to the Civil Application in the First Appeal.

b.

Amendment to be carried out on or before 20.07.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the appeal memo on other side and file an Affidavit of Service to that effect.

d.

The Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Basavraj G Patil 2/2