M.R. Charities Pvt Ltd. v. Temples Charitable Institutions Andfunds Of Goud Saraswat Brahmin Comm.And13 Orsand Vasudev P. Shet

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1956 OF 2008 IN SUIT NO. 1427 OF 1996 M.R. Charities Pvt. Ltd.

.. Plaintiff Vs.

Temples Charitable Inst.

And Funds of G.S.B. Community of Bombay & Ors.

.. Defendants AND INTERIM APPLICATION NO. 1 OF 2020 (NOT LISTED) IN SUIT NO. 1427 OF 1996 M.R. Charities Pvt. Ltd.

.. Applicant In the matter of :

M.R. Charities Pvt. Ltd.

.. Plaintiff

Versus

Temples Charitable Institutions and Funds of the Goud Saraswat Brahmin Community of Bombay & Ors.

.. Respondent/ (Org. Defendants) AND Vasudev P. Shetye & Ors.

.. Respondents/ (Org. Respondents) AND Mr. Awadhoot Ghanshyam Dabholkar .. Proposed Respondent Mr. Saijo Mathew a/w. Adv. Saumil Rege i/b Crawford Bayley & Co. for defendant Nos. 1 to 10.

Mr. Milind More, Add. Government Pleader for State and newly impleaded defendants.

CORAM : N.J. JAMADAR, J.

2/3 rd JANUARY 2020 DATE : 23 P.C.

INTERIM APPLICATION NO. 1 OF 2020 1.

Not on board. With the consent of the learned counsels for the parties, taken up for hearing.

2.

This application is preferred by the plaintiff to amend the plaint so as to bring on record the incumbent trustees of defendant No.1Trust. 3.

The names of the incumbent trustees of defendant No.1 have been furnished to the plaintiff by defendant No. 1 - Trust and nd defendant No. 14 in terms of the order passed by this Court on 22 January 2019.

4.

The learned counsel for the defendant No.1-Trust submits that the defendant No.1 has no objection to delete the names of the erstwhile trustees and implead the incumbent trustees as party defendants.

5.

In the aforesaid backdrop, the interim application deserves to be

3/3 allowed. The delay in taking out the application also deserves to be condoned.

6.

Interim Application No.1 of 2020, thus, stands allowed in terms of prayer clauses (a) to (c).

7.

The plaintiff shall carry out the necessary amendment in accordance with the schedule appended to the application within a period of two weeks from today and serve the amended copy of the plaint on the defendants within a period of two weeks thereafter. Amendment be carried out in Notice of Motion No. 1956 of 2008 as well.

8.

The learned counsel waives service of writ of summons on the newly impleaded the defendants.

9.

Interim Application No.1 of 2020 stands disposed of. th February 2020.

10.

The suit be listed on 27 [ N.J. JAMADAR, J. ]