Karishma Singh And 2 ORS Being The Legal Heirs Of The Deceased Plaintiff v. Drawing Room Pvt Ltd And 10 ORS

(13) Comapl 61-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk COMMERCIAL APPEAL (L) NO. 61 OF 2020 IN INTERIM APPLICATION NO. 1 OF 2020 IN COMMERCIAL SUIT NO. 433 OF 2019 Karishma Singh & Ors.

.. Appellants Vs.

Drawing Room Pvt. Ltd. & Ors.

.. Respondents Mr. Varun Nathani a/w. Mr. Shriraj Salekar, Ms. Aditi Bhargava, Deepakar Linsinton i/b Vidur Legal for the Appellants. Mr. Chirag Mody a/w. Mr. Parag Khandar, Ms. Saloni Shah i/b DSK Legal for Respondent Nos.2 & 3.

Mr. V. K. Nair for Respondent No.7.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 17 th FEBRUARY, 2020.

P. C. :

1.

No Appeal lies against the impugned order dated 27.01.2020 for the reason notwithstanding the order recording that no ad-interim relief can be granted at this stage, we find that in Interim Application No. 1 of 2020 concerning which the impugned order has been passed brought to the notice of the Court that the Plaintiff had died. Prayer made was to permit the Applicant to amend the plaint in accordance with Schedule 'A'.

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(13) Comapl 61-20 2.

In Schedule 'A' to the Application pleadings sought to be incorporated in the plaint were that the Applicant was the legal heir of the deceased Plaintiff with further averments concerning transfer of shares held by deceased Plaintiff in the name of the Applicant. 3.

The learned Single Judge has noted that the Defendants were opposing the Application. The reason for the opposition is not recorded in the impugned order but we are told by the learned Counsel for the Respondents in the Appeal that the opposition was on the ground that the cause pleaded in the plaint was personal to the deceased. 4.

Needless to state the issue would be decided by the learned Single Judge when Interim Application No. 1 of 2020 shall be taken up. 5.

The Appeal is dismissed as not maintainable.

[SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M.

Kadam by Arjun M.

Kadam Date:

2020.02.17 15:53:03 +0530 2/2