Rohit K. Guliani And 3 ORS v. Promila Guliani And ORS

by JITENDRA SHANKAR NIJASURE Date:

2022.10.18 10:52:17 +0530 JITENDRA SHANKAR NIJASURE 13-ia-484-2022.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.484 OF 2022 IN SUIT NO.766 OF 2018 Rohit K. Guliani & Ors.

...Applicants/ Plaintiff In the matter between Promila Guliani ... Plaintiff

Versus

Delhi Darbar Restaurant Pvt. Ltd. & Ors.

...Defendants ---------- Mr. D. V. Sawant with Mr. Priyank Kulkarni i/b. P.S. Chambers for the Applicants / Plaintiffs.

Anita Castellino i/b. Bruno Castellino for Defendant No.3. ---------- CORAM : R.I. CHAGLA J DATE : 14TH OCTOBER, 2022 ORDER :

1.

Heard learned Counsel for parties.

2.

The Applicant / legal heirs of the Plaintiff who have been allowed to be joined as Plaintiffs vide separate order of today's date has sought amendment of the Plaint in terms of the schedule marked 1/2

13-ia-484-2022.doc as annexure A to the Interim Application. By the amendment, the Plaintiffs have sought deletion of the name of the original Defendant No.4 (since deceased) who has expired on 25th November, 2018 and bringing on record the legal heirs of Defendant No.4. 3.

There is no objection to the amendment being sought by the Applicant and accordingly, following order is passed:- (i) The Applicants are permitted to amend the Plaint in terms of the schedule Annexure A to the Interim Application. (ii) The amendment shall be carried out within a period of three weeks from the date of this Order.

(iii) Simultaneously, upon carrying out the amendment, the Plaintiff shall serve the amended Plaint on the Defendants and shall file Affidavit of Service to that effect. (iv) Interim Application is disposed of in the above terms. [R.I. CHAGLA J.] 2/2