Rockline Developers Pvt. Ltd. v. Abdul Razak Sattar Chunawala And 6 ORS.

11-IA743-2019INS1680-2019.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 743 OF 2019 SANTOSH SUBHASH KULKARNI IN SUIT NO. 1680 OF 2019 SANTOSH SUBHASH KULKARNI Date: 2022.12.15 10:51:28 +0530 Rockline Developers Pvt. Ltd.

...Applicant In the matter between Rockline Developers Pvt. Ltd.

...Plaintiff

Versus

Abdul Razak Sattar Chunawalla & ors.

...Defendants Mr. Tejash Shah, i/b Lilani Shah & Co., for the Applicant /Plaintiff.

Mr. Yatin Shah, for the Defendant nos1(a) to 1(d). Mr. E. B. Sivakumar, 1st Asst. to Court Receiver, present.

CORAM:

N. J. JAMADAR, J.

DATED :

12th DECEMBER, 2022 PC:- 1.

Heard the learned Counsel for the parties.

2.

This application is taken out to bring the legal representatives of defendant no.1, who has reportedly passed away on 6th September, 2019.

3.

Mr. Shah, the learned Counsel, submits that he has instructions to appear on behalf of proposed defendant nos.1(a) to 1(d). The learned Counsel further submits that he had informed the Counsel for the plaintiff about the death of defendant no.1 and the proposed defendant nos.1(a) to 1(d) have 1/2

11-IA743-2019INS1680-2019.DOC no objection to allow the application and implead them as the legal representatives of defendant no.1.

4.

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

5.

The plaintiff is permitted to bring defendant nos.1(a) to 1(d) as the legal representatives of deceased defendant no.1. Necessary amendment be carried out in accordance with the Schedule of the proposed amendment appended to the application, and copies of amended plaint be served on defendant nos.1(a) to 1(d) and the rest of the defendants within two weeks.

6.

Defendant nos.1(a) to 1(d) are at liberty to file written statements appropriate to their character as the legal representatives of deceased defendant no.1 within a period of 30 days from today.

7.

To make the record complete, defendant nos.1(a) to 1(d) shall place a copy of the death certificate of defendant no.1, within a period of four weeks.

8.

Application stands disposed.

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