Mahendra Kumar Kongaseri Decd. Thr. Lhrs Lata Mahendra Kumar Kongasseri And ORS v. M/S. Swastik Rubber Products Ltd

20. civil ia-17448-2023.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 17448 OF 2023 IN WRIT PETITION NO. 3401 OF 2005 WITH WRIT PETITION NO. 3401 OF 2005 Lata Mahendra Kumar Kongasseri & Ors.

.. Applicants

IN THE MATTER BETWEEN

M/s. Swastik Rubber Products Ltd .. Petitioner

Versus

Komgassory Mahindra Kumar & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 17277 OF 2022 WITH WRIT PETITION NO. 4958 OF 2005 ....................

 Mr. Nitin Kulkarni for Applicants in IA/17448/2023  Mr. Kiran Bapat, Senior Advocate a/w Mr. Gaurav S. Gawande i/by M/s. Desai & Desai Associates for Petitioner  Mr. Hamza Lakdawala i/by V.G. Shreeram for Applicant in IA/17277/2022 ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 01, 2023 P.C.

:

1.

Heard learned Advocates appearing for parties. 2.

Present Interim Application is filed for seeking impleadment of deceased Respondent No. 1 who expired on 06.08.2020.

20. civil ia-17448-2023.doc 3.

Perused the Interim Application. For the reasons mentioned therein, Interim Application is allowed in terms of prayer clause 3(A). Delay, if any, stands condoned. Abatement, if any, stands set aside. Names of the legal heirs given in the cause title of the Application are directed to be impleaded in place of original Respondent No. 1. Amendment to be carried out within a period of two weeks from today.

4.

Considering the submissions made by Mr. Bapat, learned Senior Advocate for Petitioner that the Petitioner Company has been wound up, Mr. Kulkarni appearing for the Applicants is permitted by this Court to carry out necessary amendment in the records and proceedings of the case. Re-verification stands dispensed with. 5.

Interim Application No. 17448 of 2023 is disposed. 6.

Place the Writ Petition on board on 22nd December, 2023 along with connected Writ Petition.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2023.12.01 18:48:21 +0530 RAVINDRA MOHAN AMBERKAR