Twenty First Century Finance Limited And ANR v. Moorgate Industries India Private Limited (Erstwhile Stemcor India Private Limited) And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.1540 OF 2019 IN COMMERCIAL SUIT NO.584 OF 2017 Twenty First Century Finance Ltd.

.. Applicant-Org. Plaintiff No.1 In the matter between Twenty First Century Finance Ltd. & Anr.

.. Plaintiffs Vs.

Moorgate Industries India Pvt. Ltd.

(Erstwhile Stemcor India Pvt. Ltd.) and Ors.

.. Defendants Mr. Chirag Mody, with Ms. Alya Khan and Ms. Shikha Dharia, i/by Vashi and Vashi, for the Plaintiffs-Applicant.

Mr. Chirag Kamdar, with Ms. Namita Shetty and Mr. Mohit Prabhu, i/by Cyril Amarchand Mangaldas, for Defendant Nos.1 and 2. CORAM : A. K. MENON, J.

TH JANUARY, 2022.

DATE : 6 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

This IA seeks an order permitting legal heirs of late plaintiff no.2 to be brought on record. Mr. Mody submits that the plaintiff no.2 expired on 5 th September 2019. He has invited my attention to Exhibit-B to the IA, which sets out names and addresses of the legal heirs. 2.

In my view, this IA deserves to be allowed. Accordingly, I pass the following order :- 1/2 25-COMS-584-2017 & NMCD-851-2018 & NMCD-1962-2018 & IA-1540-2019 & NMCD-468-2017.doc Dixit

(i) Delay, if any, in filing this IA is condoned. (ii) Interim Application is made absolute in terms of prayer clauses (a) and (b).

(iii) Amendment to be carried out within a period of two weeks from today. Re-verification is dispensed with. (iv) IA is disposed in the above terms.

(A.K. MENON, J.) 2/2 by SNEHA ABHAY DIXIT Date:

2022.01.07 16:26:56 +0530 SNEHA ABHAY DIXIT 25-COMS-584-2017 & NMCD-851-2018 & NMCD-1962-2018 & IA-1540-2019 & NMCD-468-2017.doc Dixit