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Bombay High CourtIA/3090/2021disposed off

Heena Nikhil Dharia v. Kokilaben Kiritkumar Nayak And 4 ORS

2021-12-03Hon'Ble Shri Justice N. J. Jamadar2 pages

35-nms-2100-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.27953 OF 2021 WITH NOTICE OF MOTION NO. 3038 OF 2016 WITH NOTICE OF MOTION NO.2100 OF 2018 VISHAL SUBHASH PAREKAR IN SUIT NO.1055 OF 2016 VISHAL SUBHASH PAREKAR Date: 2021.12.03 18:29:40 +0530 Heena Nikhil Dharia ...Plaintiff vs.

Kokilaben Kiritkumar and Others ...Defendants Mr. Shanay Shah a/w. Mr. Trupit Shetty, Ms. Samruddhi Sonar, Ms. Pranvi Jain i/b. Dhruve Loladhar & Co, for the Plaintiff Mr. Shailesh Shah, Senior Advocate a/w. Ms. Mamta Shah, Mr. S.K. Tejpal, Mr. Dushyant Tejpal i/b. Tejpal & Co., for Defendant Nos. 1 to 3.

Mr. Shyam Kapadia i/b. Mr. Sonu Tandon, for Defendant No. 4. Ms. Saakshi Saboo i/b. Raval Shah & Co., for Defendant No. 5. Mr. K.K. Hebale, Offcer of the Court Receiver offce present. CORAM :

N. J. JAMADAR, J.

DATE :

DECEMBER 03, 2021 P.C.:

.

This application is taken out by the plaintiff to amend the plaint as the defendant No. 5 Ms. Diya has since attained majority. 2.

The plaintiff claims to have been apprised about the fact of defendant No. 5 attaining majority by communication addressed on behalf of defendant No. 5 on 24th November, 2021, a copy of which is annexed at Exhibit A to the application.

Vishal Parekar, P.A.

...1

35-nms-2100-2018.doc 3.

In view of the aforesaid assertion, the application stands allowed.

4.

The plaint be amended forthwith.

5.

Re-verifcation dispensed with.

6.

Ms. Saakshi Saboo, learned counsel submits that she has instructions to appear on behalf of defendant No. 5. 7.

The learned counsel for defendant No. 5 seeks time to fle affdavit in reply to Notice of Motion No. 2100 of 2018 and 3038 of 2016.

8.

Let the affdavit in reply be fled by defendant No. 5 within a period of two weeks.

9.

Rejoinder, if any, be fled by the plaintiff within a week thereafter.

10.

Notice of Motions be listed for hearing on 12th January, 2022. (N. J. JAMADAR, J.) Vishal Parekar, P.A.

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