Hindustan Petroleum Corporation Ltd. v. Bai Failabai Wife Of Abdul Satar Suleman Oomer And ORS.

CAC607_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.607 OF 2016 IN CIVIL REVISION APPLICATION NO.427 OF 2012 (Hindustan Petroleum Corporation Limited Vs. Bai Failabai wife of Abdul Satar Suleman Oomer and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Ms Ashiya Shaikh i/b. M/s. Rustamji & Ginwala for Applicant. Ms Shreni Shetty i/b. ANB Legal for Respondents No.2, 4 to 6. CORAM : R. G. KETKAR, J.

DATE : 07TH OCTOBER, 2016 P.C.:

Heard Ms Shaikh, learned Counsel for applicant and Ms Shetty, learned Counsel for respondents No.2 and 4 to 6.

2.

This is an application for setting aside abatement qua respondents No.1, 3 and 7 by condoning the delay in filing the application. Perused the order dated 14.06.2016. In that order, it was noted that respondent No.1 died on 12.04.2012. Respondent No.3 died on 10.04.2005 and respondent No.7 died on 22.11.2013 and since no steps were taken for bringing legal representatives of those respondents on record, C.R.A. stood abated. Liberty was reserved to take out appropriate proceedings. In pursuance thereof, present application is filed. 1/2

CAC607_16.doc 3.

In my opinion, applicant will have to file separate applications for setting aside abatement against respondents No.1, 3 and 7 and the same cannot be done by only one application. Reserving liberty to the applicant to take out separate applications in respect of respondents No.1, 3 and 7, Application is disposed of.

(R. G. KETKAR, J.) Minal Parab 2/2