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Bombay High CourtIA/1395/2019disposed off

Dhanjishaw Dorabjee Randeria 1.A Ms. Marlene D. Randeria And ORS. v. M/S. Marcks And Co. And ANR.

2019-10-14Hon'Ble Shri Justice K.K. Tated2 pages

50.1.19-iaf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No.1/2019 in First Appeal No.611/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Karl Tamboly with Ms. Dhawani Bokaria I/b. Purnanand & Co. for the Applicant Ms. Yasmin Tavaria for Respondent Nos.1 and 2.

Mr. Jamshed Master a/w. Abhishek Yadav for proposed Respondent Nos.3 to 6.

CORAM: K.K.TATED, J.

DATED : OCTOBER 14, 2019 P.C.

Heard.

This application is for bringing legal heirs on record of deceased original Respondent No.4 Dr.

Mrs. Mahrook Sohrab Shapurjee who died on 12.08.2016.

The learned counsel for the legal heirs of the deceased Respondent submits that he received instructions to appear on behalf of them in the First Appeal. Same is accepted. He submits he has no objection if the Civil Application is allowed to bring the legal heirs on record.

Considering the submissions made by Basavraj G. Patil 1/2

50.1.19-iaf.odt the learned counsel for the Applicant and as the advocate for the legal heirs has no objection if the Civil Application is allowed, following order is passed:

a.

The Applicant is permitted to bring on record the legal heirs of deceased Respondent No.4 in the First Appeal on or before 16.11.2019, failing which the Interim Application shall stand dismissed without further reference to the court.

b.

If the amendment is carried out within stipulated time as stated hereinabove, the Applicant to serve an amended copy of the Interim Application and the First Appeal on other side immediately thereafter.

c.

The learned counsel for the legal heirs makes a statement that he shall file his vakalatnama on behalf of the legal heirs in the First Appeal. Hence, no fresh notice is required against them.

d.

The Civil Application stands disposed of accordingly.

e.

No order as to costs.

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