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Bombay High CourtIA/1600/2024disposed off

Multi Commodity Exchange Of India Ltd Thr. Repsresentative Mihir Man Singh (Senior Managar- Legal) v. Viraj Dattatray Pekhale Since Deceased Thr. Lrs. Rajani Dutta Pekhale

2024-03-07Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1600 OF 2024 IN COMMERCIAL FIRST APPEAL (L) NO.26022 OF 2022 Multi Commodity Exchange of India Limited .. Applicant In the matter between:- Multi Commodity Exchange of India Limited .. Appellant by UTKARSH KAKASAHEB BHALERAO Date:

2024.03.08 12:30:16 +0530 UTKARSH KAKASAHEB BHALERAO

Versus

Viraj Dattatraya Pekhale .. Respondent Mr.Ashwin Pimpale i/b SSB Legal & Advisory, Advocate for the Applicant.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 07, 2024 P. C.

1.

The above Interim Application is filed to bring the legal heirs of the sole Respondent on record who expired on 15th April, 2020. The aforesaid Interim Application has not yet been served on the legal heirs of the Respondent namely:-

a.

Rajani Dutta Pekhale, Age:65 years, Occu:Household, Resident of:Dondani Plaza Apartment-B Wing, First Floor, Saint Phelomina convent road, Nashik.

b.

Richa Viraj Pekhale, Age:42 years, Occu:Household, Resident of:Dondani Plaza Apartment-B Wing, First Floor, Saint Phelomina convent Road, Nashik.

c.

Aarit Viraj Pekhale, Age:N/A, Occu:N/A, Resident of:Dondani Plaza Apartment-B Wing, First Floor, Saint Phelomina convent road, Nashik Also address at: Mahatma nagar Near Cricket Ground Trimbak Road Nashik.

2.

In these circumstances, the Registry is directed to issue notice to the aforesaid legal heirs returnable on 4th April, 2024. Humdast permitted.

3.

In addition to the Court notice the Applicant/Appellant is permitted to serve the said legal heirs with the above Interim Application as well as the papers and proceedings in the above Commercial Appeal by private notice as well.

4.

Stand over to 4th April, 2024.

5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]