← Library
Bombay High CourtCAF/3645/2016

Smt. Sulekha Bal Parab And ORS. v. Maharashtra State Road Transport Corporation Through Its Secretary

2016-01-13Hon'Ble Shri Justice K.K. Tated2 pages

6 cafst33165-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION (ST) NO. 33165 OF 2015 IN FIRST APPEAL NO. 629 OF 2002 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sachin Deokar i/b B. G. Tangsali for the applicant.

Mr. C. M. Lokesh i/b G.S. Hegade for the Appellant. CORAM : K. K. TATED, J.

DATED : 13/01/2016 P.C.:

.

Heard learned Counsel for the parties.

This Application is made by the original claimants for permission to withdraw the amount deposited by the Appellant as per earlier order dated 23.04.2008 passed by this Court in Civil Application No. 1623 of 2006 and also directing the Appellant to carry out appropriate amendment in cause title of First Appeal to the effect that Respondent No.2 expired on 12.09.2008 and Respondent No.3 married to Mr. Sunil Naik.

The learned counsel for the Applicant submits that in view of subsequent development, the Appellant may be directed to bring the legal heirs on record of deceased Respondent No.2 as stated in the cause title of the present Civil Application and also Sneha Chavan 1/2

6 cafst33165-15=.doc to carry out appropriate amendment by correcting the name of Respondent No.3 after marriage.

The learned counsel for the Appellant submits that Appellant undertakes to carryout appropriate amendment in cause title of the First Appeal within one week from today. The statement is accepted. After carrying out appropriate amendment, liberty granted to the claimants to prefer a fresh application for remaining reliefs of the present Civil Application.

Hence, following order is passed:

i) Appellant Maharashtra State Road Transport Corporation is directed to carry out appropriate amendment in First Appeal as follows: A) To bring legal heirs on record of deceased Respondent No.2 as stated in cause title of the Civil Application.

B) To carry out appropriate amendment by correcting the name of Respondent No.3 after marriage as stated in cause title of Civil Application. C) Amended copy of appeal memo to be served on Respondents' Advocate thereafter.

D) Liberty granted to the claimants to prefer appropriate application for remaining reliefs. E) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2