← Library
Bombay High CourtIA/7422/2025disposed off

Viral C. Shah v. Chittaranjan D. Shah And ORS

2025-12-23Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7422 OF 2025 IN SUIT NO. 2280 OF 2007 VIRAL C. SHAH )...APPLICANT/ ORI. PLAINTIFF NO.2

IN THE MATTER BETWEEN

CHITTARANJAN D. SHAH AND OTHERS )...PLAINTIFFS V/s.

HEMANT D. SHAH AND OTHERS )...DEFENDANTS Ms.Harshal Manik a/w. Mr.Gobinda C. Mohanty i/by M/s.Mohanty & Associates, Advocate for the Applicant/Plaintiff no.2. Mr.Ajay Panicker a/w. Ms.Lavanya Panicker i/by Ajay Law Associates, Advocate for the Defendants no.1 to 5.

CORAM

:

ABHAY AHUJA, J.

DATE :

23rd DECEMBER 2025 P.C. :

1.

When the matter is called out, Ms.Harshal Manik, learned Counsel, appears for the Applicant/Plaintiff no.2 and submits that the Interim Application, as directed by this Court on 19th November 2025, has been served on all the Defendants. That, as regards the Defendants ARTI VILAS KHATATE no.6 and 9, they have refused service and that is a good service. That, by ARTI VILAS KHATATE Date: 2025.12.24 10:32:02 +0530 avk 1/3

this Court, therefore, allow the Interim Application seeking deletion of the Plaintiff no.1 and replacement of the Karta of the Plaintiff no.4 by the Plaintiff no.2.

2.

Mr.Ajay Panicker, learned Counsel appearing for the Defendants no.1 to 5, has no objection.

3.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the Interim Application be allowed in terms of the prayer clause (a) which reads thus : (a) That this Hon'ble Court be pleased to permit the Plaintiffs to amend the abovementioned Suit as per the Schedule annexed hereto (Ex."B") and to carry out all consequential amendments as may be necessary.

4.

Let the amendments be carried out in the plaint and proceedings within a period of three weeks. Let the amended plaint and proceedings be served on others in two weeks thereafter and an appropriate Affidavit of service be filed by the next date. 5.

The Interim Application, accordingly, stands allowed and disposed as above.

avk 2/3

SUIT NO. 2280 OF 2007 6.

List the Suit for marking of documents on 10th February 2026. 7.

Let the witnesses remain present in Court on the next date. (ABHAY AHUJA, J.) avk 3/3