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Bombay High CourtMCA/130/2021disposed of

Mulla Yusuf (Deceased) Through His Legal Representatives v. Satish Gupta And 2 ORS

2025-07-17Hon'Ble Shri Justice M. S. Sonak2 pages

MCA 130 of 2021 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.130 OF 2021 WITH STAMP NUMBER (APPLN.) NO.1301 OF 2020 (F) MISC.CIVIL APPLICATION NO.130 OF 2021 IN STAMP NUMBER (APPLN.) NO.1301 OF 2020 (F) MULLA YUSUF (DECEASED) THROUGH HIS LEGAL REPRESENTATIVES ... APPLICANTS

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SATISH GUPTA AND 2 ORS ... RESPONDENTS WITH STAMP NUMBER (APPLN.) NO.1301 OF 2020 (F) MULLA YUSUF (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES., ... APPLICANTS

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SATISH GUPTA AND 2 ORS., ... RESPONDENTS Mr P.A. Kholkar, Advocate for the Applicants. Mr Pranav Kakodkar, Advocate for the Respondents. CORAM:- M. S. SONAK, J.

DATED :- 17th July, 2025 P.C.:

Heard Mr Kholkar, the learned counsel for the applicant.

2. Mr Pranav Kakodkar states that he used to appear for the first respondent, who has now expired. He, therefore, states that he will not be in a position to make any submission in this civil application since his Vakalatnama stands terminated.

17th July, 2025

MCA 130 of 2021

3. I have perused the reasons due to which this application has been filed 122 days beyond the prescribed period of limitation. The reasons constitute sufficient cause.

4. There are detailed averments in the civil application regarding the COVID pandemic, the efforts taken by the applicants to ascertain the names of the heirs and legal representatives, the fact that the first respondent expired in Bangalore and the applicants came to know about the demise through an advertisement in the newspaper. All this establishes diligence and the efforts taken by the applicants.

5. Accordingly, the delay of 122 days in filing this application is condoned. Leave is granted to bring on record the legal representatives of the deceased first respondent.

6. Necessary amendment to the cause title should be carried out within two weeks from today.

7. Misc. Civil Application No.130 of 2021 and Stam Number (Appln.) No.1301 of 2020(F) stand disposed of. M. S. SONAK, J.

Signed by: NITI KISHOR HALDANKAR Designation: Private Secretary Date: 19/07/2025 15:24:58 17th July, 2025