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Bombay High CourtCAW/17/2019

Sangli Urban Co-Operative Bank Ltd. Thru Shri. Vinayak Krishnrao Phadke v. Shri. Amrut Vinayak Deshpande And ORS.

2019-01-09Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

CAW17_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.17 OF 2019 IN WRIT PETITION NO.10427 OF 2014 (Sangli Urban Co-operative Bank Limited through Vinayak K. Phadke Vs. Amrut Vinayak Deshpande and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. G. H. Keluskar for Applicant.

Ms Rajeshwari Patil i/b. Mr. S. S. Patwardhan for Respondents. CORAM : R. G. KETKAR, J.

DATE : 9TH JANUARY, 2019 P.C.:

Not on Board. At the request of Mr. Keluskar, taken up in the production Board.

2.

Heard Mr. Keluskar, learned Counsel for the applicant and Ms Patil, learned Counsel for the respondents.

3.

This is an application for bringing heirs and legal representatives of respondent No.2 - Sharad Vinayak Deshpande, since deceased, on record. In paragraph 5, it is asserted that on 23.10.2018, Advocate for respondents No.1 to 3 informed the Court that the respondent No.2 died on 11.05.2018.

4.

In view thereof and for the reasons stated in the 1/2

CAW17_19.doc application, I am satisfied that applicant has made out sufficient cause for condoning the delay of 125 days in filing the application. Hence, Civil Application is allowed in terms of prayer clauses (a) to (c) with no order as to costs. Amendment in the main Petition shall be carried out within one week from today. After the amendment is carried out, issue notice to the respondents No.2a to 2d, being legal representatives of the respondent No.2, returnable on 06.02.2019.

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