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Bombay High CourtIA/610/2024disposed off

Arun Kumar Keyal And 2 Others v. Ajay Sohanlal Jhuria And 4 Others

2025-01-15Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.610 OF 2024 IN SUIT NO. 686 OF 2019 ARUN KUMAR KEYAL AND ORS )...APPLICANTS

IN THE MATTER BETWEEN :

ARUN KUMAR KEYAL AND ORS )...PLAINTIFFS V/s.

AJAY SOHANLAL JHURIA AND ORS )...DEFENDANTS AND RICHA SARAOGI )...RESPONDENT Ms.Harshal Manik a/w Mr.Praveet Shetty i/b Res Legal, Advocate for the Applicants/Plaintiffs.

Mr.Ajay S. Jhuria- Defendant No.1 in person present. Digitally signed by ARTI VILAS KHATATE Date:

2025.01.16 10:38:07 +0530 ARTI VILAS KHATATE

CORAM

:

ABHAY AHUJA, J.

DATE :

15th JANUARY 2025 P.C. :

1.

When the matter is called out, it is observed from the order dated 6th December 2024 that this Court (Coram : Arif S. Doctor, J.) had asked the Defendant no.1 to submit the necessary permission to appear in the matter personally.

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2.

Mr.Ajay Jhuria - Defendant no.1 appears in person and submits that on last Friday he has, had an interaction with the committee with respect to his application to appear in person. 3.

A perusal of the record does not indicate any report from the committee with respect to an interaction on Friday last. What is observed from the record is that there is an office report of the committee which refers to an interaction of 7th October 2023 which records that the earlier committee had declined to grant him permission to appear as party-in-person and again an application had been made, and therefore, the application was filed. However, the said report is of 2023. Since it is being submitted by Mr.Ajay Jhuria that he has had an interaction on Friday last, this Court directs the Registry to place an office report relating to the said interaction and whether Mr.Ajay Jhuria has been permitted to appear as party-in-person in the Suit and the connected Interim Application.

4.

After this order is dictated, Mr.Ajay Jhuria also points out that some time be granted to him to appoint lawyer, in the event the committee is not inclined to allow him to appear as party-in-person. avk 2/3

5.

Ms.Harshal Manik, learned Counsel, appears for the Applicants in the Interim Application and submits that all that the Interim Application seeks is substitution of Plaintiff no.3 by the Respondent as the present Plaintiff no.3 is the executor under the Will and probate of the same has been granted.

6.

Ms.Manik submits that reply to the said Interim Application has also been filed by the Defendant no.1. Ms.Manik seeks some time to file rejoinder to the said reply. Let the rejoinder be filed by the next date with a copy to the other side.

7.

Let the committee also place its report before this Court, as above, by the next date.

8.

List on 12th February 2025.

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