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Bombay High CourtIA/220/2019

Court Receiver, High Court,Bombay v. Shyamlal T. Hinduja And ORS.

2019-01-012 pages

4-IA1-19INSUIT2861-96.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN SUIT NO. 2861 OF 1996 The Court Receiver, High Court, Bombay ...Applicant/ Plaintiff

Versus

Shyamlal Tulsidas Hinduja & ors.

...Defendants And Ashok Hinduja & ors.

...Respondents

Mr. Ajay B. Malvankar, Section Offcer, a/w Ms. Priti Pawse, from Court Receiver's Offce, for the Applicant/Plaintiff. Mr. Zaid Wahidi, i/b Harani & Co., for Defendant no.1. Ms. Ruchi Khajanchi, i/b Dhiren H. Shah, for Defendant no.24.

Mr. Pramod Kumar Vachheta, i/b Pramod Kumar & Asso., for Defendant no.29.

Mr. Phiroze Merchant, i/b Kanga & Co., for Respondent no.25.

CORAM:

N. J. JAMADAR, J.

DATED :

7th NOVEMBER, 2019 PC:- 1.

This is an application to bring on record the legal representatives of defendant no.1 Shyamlal Tulsidas Hinduja, who died on 13th July, 2019. The application is supported by copy of the death certifcate issued by Municipal Corporation Greater Mumbai, which indicates that defendant no.1 died on 13th July, 2019. The deceased defendant no.1 is stated to be survived by two sons and a daughter. The 1/2

4-IA1-19INSUIT2861-96.DOC learned Counsel who represented defendant no.1 submits that there is no dispute about the legal heirs of deceased defendant no.1 and the proposed defendant nos.1A to 1C be impleaded as the party defendants to the suit. 2.

Thus, the application stands allowed in terms of prayer Clause 5(a).

3.

The plaintiff shall carry out the necessary amendment within two weeks from today and serve copy of the amended plaint on the other side.

4.

The application stands disposed of.

[N. J. JAMADAR, J.] 2/2