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Bombay High CourtIA/8/2024allowed

Mahendra Popatlal Shah (Dec.) Thr. Lrs. Nikhil Mahendra Shah v. M/S. R. Sharp And Sons Pvt. Ltd. And ORS.

2024-04-26Hon'Ble Shri Justice Sandeep V. Marne2 pages

14_ia_8_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8 OF 2024 IN CIVIL REVISION APPLICATION NO.591 OF 2012 Mahendra Popatlal Shah since deceased through his Legal Heir and representative:-

1. Nikhil Mahendra Shah ...Applicant

Versus

M/s. R. Sharp and Sons Pvt. Ltd.

and Ors.

...Respondents

...

Mr. Rohan Surve for the Applicant.

Mr. Sarthak Shukla i/b. M/s. Ashwin Ankhad and Associates for the Respondent Nos.2, 4 and 5.

CORAM : SANDEEP V. MARNE, J.

DATED : 26 APRIL 2024.

PC:

1.

By this application, the Applicant seeks substitution as legal heir and representative of the Revision Applicant. There is delay of 340 days in filing the application. The application is opposed by the learned counsel appearing for Respondent Nos.2, 4 and 5.

MEGHA SHREEDHAR PARAB 2.

Perusal of the application would indicate that the deceased Revision Applicant has two heirs-Nikhil and Samir. It is MEGHA SHREEDHAR PARAB Date: 2024.05.02 16:50:06 +0530 pleaded in the application that both the brothers were unable to Megha 1/2

14_ia_8_2024.docx come together to file joint application for bringing legal representatives of the deceased Revision Applicant. That some time was spent in getting consent of Respondent No.6 for the purpose of lodging the present application. The application has been filed once making sure that Respondent No.6 was not inclined to file a joint application with the Applicant.

3.

Considering the averments made in the application, I am of the view that delay in filing the application deserves to be condoned and abatement of the Revision Application deserves to be set aside. The Interim Application is accordingly allowed. The Applicant is permitted to be brought on record as legal representative of the deceased Revision Applicant. Necessary amendment to be carried out within a period of four weeks from today. Re-verification is dispensed with.

4.

Interim application stands disposed of.

[SANDEEP V. MARNE, J.] Megha 2/2