M/S Deepraj Hotel Through Mrs. Sunita Sanjay Bhalekar v. Shri.Suryakant Vithal Sawant

13-ia-2081-2020.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date:

2023.02.16 17:32:00 +0530 CIVIL APPELLATE JURISDICTION PALLAVI MAHENDRA WARGAONKAR INTERIM APPLICATION NO.2081 OF 2020 IN CIVIL REVISION APPLICATION NO.587 OF 2015 M/s. Deepraj Hotel ... Applicant In the matter between M/s. Deepraj Hotel Through Mrs. Sunita Sanjay Bhalekar ... Petitioner

Versus

Shri. Suryakant Vithal Sawant

...Respondent

And Suvarna Suryakant Sawant and Ors.

... Proposed Respondents  Ms. Bhakti Kansara h/f Mr. Rajendra Dhuru, for the Applicant.  Mr. Shreyas Vaghe a/w Mr. Rohit P. Mahadik and Mr. Saurabh Mittal i/b. Khandeparkar & Associates for the Respondents. CORAM : MADHAV J. JAMDAR, J.

DATE : 16th FEBRUARY 2023 P.C. :

1.

Heard Ms. Bhakti Kansara, learned counsel appearing for the Applicant and Mr. Shreyas Vaghe, learned counsel appearing for the Respondents.

2.

This Interim Application is taken out to bring on record heirs of sole Respondent. The sole Respondent passed away on 19th October 1/2

13-ia-2081-2020.doc Pallavi 2019 and the application is taken out on 7th February 2020. The intimation of the death of the Respondent was sent to the learned Advocate of the Applicant by learned Advocate of Respondent on 17th January 2020 and thereafter, immediately, the application is filed on 7th February 2020. However, considering the date of death of sole Respondent, there is some delay in filing the Interim Application. 3.

Mr. Shreyas Vaghe, learned counsel appearing for the Respondents strongly opposes the application. 4.

However, for the reasons set out in the application, the same is allowed in terms of prayer clauses (a) , (b) and (c). Amendment be carried out within 14 days from today.

5.

Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2