Aasia Properties Development Ltd. v. Juhu Beach Resorts Ltd. And 28 Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMANY APPLICATION NO. 38 OF 2016 IN COMPANY APPEAL NO.11 OF 2006 IN COMPANY PETITION NO.91 OF 2005 Aasia Properties Development Ltd.
...Applicant In the matter between Aasia Properties Development Ltd.
...Appellant vs Juhu Beach Resorts Ltd. & Ors.
...Respondent
WITH COMPANY APPEAL NO.6 OF 2006 IN CLB COMPANY PETITION NO.91 OF 2005 WITH NOTICE OF MOTION NO.3783 OF 2006 IN COMPANY APPEAL NO.6 OF 2006 IN CLB COMPANY PETITION NO.91 OF 2005 Jyoti C. Raheja & Ors.
...Appellants.
vs Aasia Properties Devleopment Ltd. & Ors.
...Respondents
.....
Mr Fredun D'Vetre Sr. Advocate with Ms Hemlata Jain, Ms Nikita Bhansali i/b Wadia Ghandy & Co. for the Appellant in Appeal No.6 of 2006 except Appellant No.3 and Respondent Nos.2,3,5 to 28 in Company Appeal No.11 of 2006.
Mr Prasad Shenoy i/b Crawford Bayley & Co. for the Respondent in Company Appeal No.6 of 2006 and Appellant in Company Appeal No.11 of 2006.
.....
CORAM : B. P. COLABAWALLA J.
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JUNE 09, 2016 P.C. :
Company Application No. 38 of 2016 not on board. Mentioned. Taken on board by consent of parties. This Company Application is filed by the original Appellant in Company Appeal No.11 of 2006 to bring legal heirs of Respondent No.4 on record, who has expired on 18 March, 2014. Mr F D'Vetre learned Senior Counsel appearing on behalf of Respondent Nos.2,3,5 to 28 has brought to my notice that as far as Sandeep Gopal Raheja and Sonali Nimish Arora (nee Sonali Gopal Raheja) are concerned, they are already party Respondents in the appeal as Respondent Nos.5 and 9 respectively and, therefore, there is no need to add them again as heirs of deceased Respondent No.4. I agree with the submission of Mr D'vitre. However, as far as the third legal heir is concerned, namely, Sabita Rajesh Narang (nee Sabita Gopal Raheja), she is not a party to Company Appeal No.11 of 2006. In this view of the matter, the Company Application is Pg 2 of 3
allowed and the Appellant is directed to add only Sabita Rajesh Narang (nee Sabita Gopal Raheja) as Respondent No.4(A) in the above appeal. Since, Sandeep Gopal Raheja and Sonali Nimish Arora (nee Sonali Gopal Raheja) are already party Respondents in the appeal, there is no need to bring them on record once again. The amendment to be carried out within one week from today. Re-verification is dispensed with. The Company Application stands disposed of in the aforesaid terms.
Company Appeal Nos.6 of 2006 and 11 of 2006 are adjourned to 7 July, 2016.
( B. P. COLABAWALLA J. ) Pg 3 of 3