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Bombay High CourtIA/2990/2022allowed

Satyendra Dattatray Samant And ORS. v. Maharashtra Vidya Vikas Mandal, Kurla, Mumbai.

2022-10-17Hon'Ble Ms. Justice Gauri Godse2 pages

SIDDHARAM MASHAL Date: 2022.10.20 11:12:22 +0530 IRESH SIDDHARAM MASHAL 16-ia-2990-22.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2990 OF 2022 IN FIRST APPEAL NO. 1277 OF 2011 Satyendra Dattatray Samant and Ors .....Applicants In the matter between Nanjibhai Khimjibhai Thakkar and ors ....Appellants V/s.

Maharashtra Vidya Vikas Mandal, Kurla, .....Respondents Mumbai and another None for the Applicants.

Mr. S. A. Doshi Advocate for the Respondent in IA No. 2990/2022. CORAM : GAURI GODSE, J.

DATE :

17th OCTOBER 2022 P.C.

1.

This Application is filed by Satyendra Samant praying for substituting his name in place of deceased Respondent No. 2. Respondent No. 2 was added as a party as General Secretary of Respondent No. 1. This Application states 1/2

16-ia-2990-22.doc that by resolution passed on 11th December 2020, present Applicant is elected as General Secretary of Respondent No. 1. Hence, his name may be substituted in place of deceased Respondent No. 1. 2.

Learned Advocate for original appellant has no objection for allowing this Application.

3.

Interim Application is allowed in terms of prayer clause (a) which reads thus:

"(a) To allow to carry out amendment in the Title cause of the First Appeal to delete the name of late Shri. Dattatray Narayan Samant, General Secretary of Maharashtra Vidya Vikas Mandal and to substitute with Shri. Satyendra Dattatray Samant as a General Secretary of Maharashtra Vidya Vikas Mandal who is elected vide resolution no. 5 on 11.12.2020." 4.

Appellant in the First Appeal is directed to carry out necessary amendment in the First Appeal within period of three weeks from today and serve amended Appeal memo on Respondents.

[GAURI GODSE, J.] 2/2