Nayan Sitaram Garodia And ANR. v. Poineer Constrn And Consultant And 9 ORS And Ajay A. Jain And ANR. (Prop. Resp)

4 IA 1 OF 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN SUIT NO.808 OF 2010 Nayan Sitaram Garodia ...

Applicant.

Sitaram Shivchandrai Garodia and ors ...

Plaintiffs V/s.

M/s Pioneer Construction and ors ...

Defendants Mr.Vinay Shingada i/by M/s Markand Gandhi & Co., for the plaintiff.

Ms. Juhi P. Jadhav i/by S.A. Bhagwat, for defendant No.1 too 7.

Ms. Shraddha Prajapati, Ms. Pratiksha Koshe, i/by Mahesh Shah & Co., for DefendantNos. 8 and 9 CORAM : N. J. JAMADAR, J.

DATE : 3rd January, 2020.

P.C. :

1] Leave to amend to substitute the schedule of amendment (Exhibit B). 2] Amendment be carried out forthwith.

3] The plaintiffs have taken this application to bring the legal representatives of the defendant Nos. 4 and 6 on record, who have died on 28th October, 2018 and 30th October, 2018, respectively. The application is supported with the copies of the death certificates of defendant Nos. 4 and 6, and the affidavit.

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4 IA 1 OF 2019 4] The plaintiffs were informed vide a communication dated 15th November, 2019, about the death of defendant Nos. 4 and 6 and the legal representatives of the deceased defendant Nos. 4 and 6. 5] In view of the above, application stands allowed. 6] The respondent Nos. 1 & 2 be brought on record as the legal representatives of defendant Nos. 4 and 6.

7] The plaintiff shall carry out the necessary amendment in accordance with the schedule of amendment (Exhibit B) within a period of three weeks. 8] The learned counsel Ms. Juhi Jadhav, waives service of writ of summons on the newly impleaded legal representatives of deceased defendant Nos. 4 and 6.

9] Interim Application stands disposed of accordingly. [N. J. JAMADAR, J.] 2/2