Rushab Sanghvi v. M/S. Orbit Corporation Ltd. And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 251 OF 2021 IN SUIT NO. 835 OF 2015 Rushab Sanghvi ...

Applicants/Plaintiffs vs.

M/s. Orbit Corporation Ltd and Ors.

...

Respondents Mr. Vishal Mehta and Mr. Christopher D'souza for the Applicant / Plaintiff. None for the Defendant.

CORAM : A. K. MENON, J.

th FEBRUARY, 2021 DATED : 15 P.C. :

1.

This interim application seeks leave to amend the plaint in terms of the schedule to incorporate names of the legal heirs of defendant no. 3 who is said to have been expired.

2.

The learned counsel for the plaintiffs seeks to implead legal heirs of deceased defendant no.3. He relies upon copies of letter dated 5 th July, 2019 addressed to the plaintiffs erstwhile Advocate and letter dated 22 nd January, 2020 addressed to the present applicant's Advocate. In view thereof amendment is liable to be allowed. I therefore pass the following order : Rajeshwari R. Pillai Rajeshwari R. Pillai Date: 2021.02.15 18:00:10 +0530 1/2 26-IA-251-2021-S-835-2015.doc rrpillai

(i) Interim Application is allowed in terms of prayer clause (a) and (b). (ii) Amendment to be carried out within four weeks. (iii) Re-verification dispensed with.

(iv) Returnable date of writ of summons is extended upto 16 th April, 2021.

(A.K.MENON, J.) 2/2 26-IA-251-2021-S-835-2015.doc rrpillai