Manmandir Suraksha Co-Op Housing Society Ltd And ANR v. Saidham Loyola Co-Operative Housing Soc.Ltd And 28 ORS.

1/2 43-IA-1519-2025 (OS) .DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1519 OF 2025 IN SUITS NO. 1114 OF 2015 Manmandir Suraksha Co-op Housing Society Ltd And Anr.

...Applicants In the matter between:

Manmandir Suraksha Co-op Housing Society Ltd And Anr.

...Plaintiffs

Versus

Aspiander J. Irani & Ors.

...Defendants _______ Mr. Ram S. Apte, Sr. Advocate i/b Mr. Parag Kale, for the Applicants/Plaintiffs. Mr. Piyush Raheja i/b Ami Parekha, for Defendant No.1A. Mr. Duj Jain a/w Aashvi Pandya i/b Kiran Jain & Co., for Defendant No.7. Ms. Eesha Jaifalkar (through V.C.) i/b S. R. Page, for Defendant No.8 & 9. Mr. S. Talla i/b Ms. Neelam Topkar, for Defendant No.10. Mr. Himanshu Takke, AGP, for Defendant Nos.15 to 20 -State. Ms. Vaishali Bhilare, for Defendant Nos.21 to 27. _______

CORAM

:

ARIF S. DOCTOR, J.

th DECEMBER 2025 DATE :

P.C.

1.

The present Interim Application seeks impleadment of the legal heirs of th April 2019.

Defendant No.1-Aspiander J. Irani, who passed away on 16 2.

Mr. Raheja, learned counsel for Defendant No.1A opposes the Interim Application by submitting that the delay is inordinate and also the fact that the Plaintiffs were aware of the demise of the Defendants in view of certain parallel Vaibhav

2/2 43-IA-1519-2025 (OS) .DOC ongoing legal proceedings. He thus submitted that the delay ought not to be condoned.

3.

Given that the Plaintiff has not shown sufficient cause for not moving the Interim Application earlier.

4.

After having heard learned counsel at some length and having perused the Interim Application as also the annexures thereto, I find that there is undeniably some delay. However, Mr. Apte, learned senior counsel appearing on behalf of st June 2023 by the Applicants society has invited my attention to a letter dated 21 which the Defendants themselves called upon the Applicant to implead them as parties. Furthermore, I find that the substantive interest of justice would be best served if the impleadment application is allowed. However, the same shall be subject to costs of Rs.15,000/- payable by the Applicant. 5.

This costs shall be paid to the Army Widows Welfare Fund. 6.

Since the parties are ad idem that the suit is connected, list the matter on th January 2026 along with Suit No.355 of 2017. [ARIF S. DOCTOR, J.] Vaibhav