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Bombay High CourtIA/3548/2021disposed off

Smt. Sulochana Gajanan Hatkar (Deceased) (Being The Legal Heir Of Late Gajanan R.Hatkar And ORS. v. M/S. Sonakshi Constructions Pvt. Ltd. And ORS.

2021-11-29Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 12 FA 389-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3548 OF 2021 IN FIRST APPEAL NO. 389 OF 2018 Smt.Sulochana Gajanan Haikar and ors .. Appellants

Versus

M/s.Sonakshi Construction P.Ltd and ors .. Respondents ...

Mr. Arshil Shah i/b D.M. Legal Associates for the appellants. Mr.Omar K. Shaikh for respondent nos.2 to 4.

Mr.Clive D'Souza for respondent no.1.

Mr.Girish Utangale with Mr.Saurabh Utangale for respondent no.5.

CORAM: BHARATI DANGRE, J.

DATED : 29th NOVEMBER, 2021 P.C:- The Appeal being admitted and pending on the file of this Court, the present Application is taken out seeking direction for issuance of fresh notices to the respondent nos.2 to 4, in the wake of the office objection.

Learned counsel Mr.Omar Shaikh has put an appearance on behalf of respondent nos.2 to 4 and therefore, the objection raised for issuance of notices to respondent nos.2 to 4 do not survive and it stands waived.

Tilak

2/2 12 FA 389-18.doc Interim Application also make the following prayer : "(c) This Hon'ble Court be pleased to permit the Appellants to carry out the necessary amendment by substituting Sonakshi Construction Pvt.Ltd to what is now known as Sonakshi Construction LLP."

Since the nature of the entity of respondent no.1 has undergone a change, parties do not object to the amendment being effected as prayed in prayer clause (c) of the Interim Application.

Necessarily, amendment is allowed and the nomenclature of the respondent no.1 shall stand amended. Necessary amendment to be carried out forthwith. Interim Application No.3548/21 is disposed off in the aforesaid terms.

SMT. BHARATI DANGRE, J Tilak