Transcon Sheth Creators Private Limited v. Avlon Lancelot Rodrigues And ORS

9.237.18-cac.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.237/2018 IN CIVIL REVISION APPLICATION NO.461/2015 Transcon Sheth Creators Pvt. Ltd.

... Applicant V/s.

Avalon Lancelot Rodrigues & Ors.

... Respondents Mr. Prateek Kothari a/w. Riya Makwana I/b. I. C. Legal for the Applicant Mr. A Q. Motiwala for Respondent Nos.1 to 3.

Mr. T. S. Patole I/b. C. K. Tripathi for Respondent Nos.19 and 20

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

Heard. The learned counsel for the Applicant seeks permission to bring the legal heirs on record of deceased Respondent No.6 - Bernard Andrew Barretto, who expired on 12.05.2017. The Civil Application is within time. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

Basavraj G. Patil 1/2

9.237.18-cac.doc a) The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) This Hon'ble Court be pleased to permit the Applicant to amend the Civil Revision Application No.461/2016 in terms of the schedule annexed hereto.".

b) The Applicant to carry out amendment in the Civil Revision Application on or before 30.03.2019, 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 Civil Revision Application, on the Advocate for the Respondents including the legal heirs of deceased Respondent No.6 and file an Affidavit of service to that effect, immediately thereafter.

d) Civil application stands disposed off accordingly. e) No order as to costs.

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