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Bombay High CourtCAW/1312/2019disposed off

Go Airlines (India) Limited Through Their Constituted Attorney Holder v. Shri Tukaram Balya Bhoir (Since Decd) Through Lrs.

2023-03-01Hon'Ble Shri Justice Milind N. Jadhav5 pages

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION CIVIL APPLICATION NO. 1312 OF 2019 WITH CIVIL APPLICATION NO. 1313 OF 2019 IN WRIT PETITION NO. 8601 OF 2017 Go Airlines (India) Limited, Through their Constituted Attorney Holder Ajit Walvekar ..

Applicant (Orig. Petitioner)

Versus

Tukaram Balya Bhoir Since Deceased through his legal heirs Nirabai Tukaram Bhoir and Ors.

..Respondents WITH INTERIM APPLICATION NO. 3189 OF 2021 WITH INTERIM APPLICATION NO. 3191 OF 2021 WITH INTERIM APPLICATION NO. 3192 OF 2021 IN WRIT PETITION NO. 8601 OF 2017 Wadia Reality Private Limited, Through their Constituted Attorney Holder Ajit Walvekar ..

Applicant (Orig. Petitioner)

Versus

Tukaram Balya Bhoir Since Deceased through his legal heirs Nirabai Tukaram Bhoir and Ors.

..Respondents ....................

 Mr. Onkar Gawade i/by Mr. Jaydeep Deo, Advocate for Applicant. ...................

CORAM :MILIND N. JADHAV, J.

DATE :MARCH 01, 2023.

P.C.:

1.

Heard Mr. Gawade, learned Advocate for the Applicant. CIVIL APPLICATION NO.1312 OF 2019 (For bringing the Legal Heirs of Respondent No.1(c)) 2.

This Civil Application has been filed for bringing the legal heirs of deceased 1(c) on record.

3.

Perused the Civil Application. The names of the legal heirs are mentioned in paragraph No.7 of the Civil Application. 4.

For the reasons mentioned in the Civil Application, Civil Application No.1312 of 2019 stands allowed in terms of prayer clauses '

a' and 'b'. Amendment to be carried out within a period of two weeks from today. Re-verification stands dispensed with. Copy of the amended Petition be served on the other side within one week thereafter.

5.

Civil Application No.1312 of 2019 is disposed. CIVIL APPLICATION NO.1313 OF 2019 (For bringing the Legal Heirs of Respondent No.1(d)) 6.

This Civil Application has been filed for bringing the legal heirs of deceased 1(d) on record.

7.

Perused the Civil Application. The names of the legal heirs are mentioned in paragraph No.7 of the Civil Application.

8.

For the reasons mentioned in the Civil Application, Civil Application No.1313 of 2019 stands allowed in terms of prayer clauses '

a' and 'b'. Amendment to be carried out within a period of two weeks from today. Re-verification stands dispensed with. Copy of the amended Petition be served on the other side within one week thereafter.

9.

Civil Application No.1313 of 2019 is disposed. INTERIM APPLICATION NO.3189 OF 2021 (For bringing the Legal Heirs of Respondent No.1(J)) 10.

This Interim Application has been filed for bringing the legal heirs of deceased 1(j) on record.

11.

Perused the Interim Application. The names of the legal heirs are mentioned in paragraph No.6 of the Interim Application. 12.

For the reasons mentioned in the Interim Application, Interim Application No.3189 of 2021 stands allowed in terms of prayer clauses '

a' and 'b'. Amendment to be carried out within a period of two weeks from today. Re-verification stands dispensed with. Copy of the amended Petition be served on the other side within one week thereafter.

13.

Interim Application No.3189 of 2021 is disposed.

INTERIM APPLICATION NO.3191 OF 2021 (For substituted service of Respondent No.1(g) and (h)) 14.

This Interim Application has been filed for effecting substituted service of Respondent No.1(g) and (h). 15.

Mr. Gawade, learned Advocate for Applicant would submit that there is an inadvertent mistake in referring to the said Respondents as Respondent No.(g) and (h) only in the Application. He would submit that Applicant be allowed to correct the said mistake. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out forthwith.

16.

Perused the Interim Application.

17.

For the reasons mentioned in the Interim Application, Interim Application No.3191 of 2021 stands allowed in terms of prayer clause 'a'.

18.

Interim Application No.3191 of 2021 is disposed. INTERIM APPLICATION NO.3192 OF 2021 (For substituted service of L.Rs. of Respondent No.1(d)) 19.

This Interim Application has been filed for effecting substituted service on the legal heirs of Respondent No.1(d). 20.

Perused the Interim Application. For the reasons mentioned in the Interim Application, Interim Application No.3192 of 2021 stands

allowed in terms of prayer clause 'a'.

21.

With the above directions, Interim Application No.3192 of 2021 is disposed.

22.

List the Writ Petition on Board on 29th March, 2023. [ MILIND N. JADHAV, J. ] AJAY TRAMBAK UGALMUGALE Date: 2023.03.02 16:25:25 +0530 AJAY TRAMBAK UGALMUGALE