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Bombay High CourtIA/20131/2022disposed off

Shachin Jagdish Nanavati And ORS v. Bharat Chandulal Nanavati And ORS

2023-07-11Hon'Ble Shri Justice Dhiraj Singh Thakur,Hon'Ble Shri Justice Sandeep V. Marne2 pages

901 IA.20131.2022 AS.doc Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.07.13 14:45:24 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

RUSHIKESH VISHNU PATIL CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 20131 OF 2022 IN WRIT PETITION NO. 6508 OF 2012 Shachin Jagdish Nanavati & Ors.

...Applicants In the matter between:

Bharat Chandulal Nanavati & Ors.

...Petitioners

Versus

Union of India & Ors.

...Respondents

**** Mr. Narayan Sahu a/w Mr. Aaroha Kulkarni & Ms Urali Bodaji i/b Fedral & Co. for the Applicants.

Mr Paras Vayas a/w Ms Neela Masurkar and Ms Karuna Yadav for Respondent No. 1.

Mr. B. V. Samant, AGP for the Respondent Nos. 2 ,3 & 4 - State. **** CORAM : DHIRAJ SINGH THAKUR AND SANDEEP V. MARNE, JJ.

DATE : 11th JULY, 2023.

P.C.:

.

This is an application for bringing on record legal representatives of Petitioner No. 7, Kiran Bhimrao Setalvad, who is stated to have passed away on 24th October, 2016. According to the R.V. Patil

901 IA.20131.2022 AS.doc reasons given in the application, the information with regard to death of the said Petitioner was made available to learned Counsel for the Applicants appearing in the matter on 02nd April, 2019, however, on account of Covid restrictions, the application could not be fled. It was urged that the cause of action survives in favour of the legal representatives.

2.

Learned Counsel for the Respondents do not have any serious objection to the application being allowed.

3.

For the Reasons mentioned in the application and those urged at the time of hearing, we allow the application. Legal representatives of the Petitioner No. 7 shall be brought on record. Amendment be carried out within one week from today. Reverifcation is dispensed with. 4.

The interim application is disposed of accordingly. (SANDEEP V. MARNE, J.) (DHIRAJ SINGH THAKUR, J.) R.V. Patil