Hardasmal Hazarimal Tharwani And ORS v. Sunil Hardasmal Tharwani And ORS
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION COMMERCIAL APPEAL FROM ORDER NO.28 OF 2023 Mr. Hardasmal Hazarimal Tharwani } & Ors.
} Appellants Vs.
Mr. Sunil Hardasmal Tharwani & Ors. } Respondents WITH INTERIM APPLICATION NO.17628 OF 2023 WITH INTERIM APPLICATION NO.14437 OF 2023 IN COMMERCIAL APPEAL FROM ORDER NO.28 OF 2023 Mr. Hardasmal Hazarimal Tharwani } & Ors.
} Applicants/ Appellants Vs.
Mr. Sunil Hardasmal Tharwani & Ors. } Respondents WITH COMMERCIAL APPEAL FROM ORDER NO.2 OF 2023 Mr. Sunil Hardasmal Tharwani } Partner of M/s Sai Homes & Anr } Appellants Vs.
Mr. Hardasmal Hazarimal Tharwani } & Ors.
} Respondents WITH INTERIM APPLICATION NO.431 OF 2023 WITH INTERIM APPLICATION NO.15135 OF 2024 WITH INTERIM APPLICATION NO.15136 OF 2024 IN COMMERCIAL APPEAL FROM ORDER NO.2 OF 2023
Mr. Sunil Hardasmal Tharwani & Anr. } Applicants/ Appellants Vs.
Mr. Hardasmal Hazarimal Tharwani } & Ors.
} Respondents WITH INTERIM APPLICATION St. NO.226 OF 2025 IN COMMERCIAL APPEAL FROM ORDER NO.2 OF 2023 Dhiren Anil Tharwani } Applicant In the matter between Mr. Sunil Hardasmal Tharwani & Ors. } Appellants Vs.
Mr. Hardasmal Hazarimal Tharwani } & Ors.
} Respondents WITH COMMERCIAL APPEAL FROM ORDER NO.3 OF 2023 Mr. Rameshlal Sukhumal Raghuvanshi } & Ors.
} Appellants Vs.
Mr. Hardasmal Hazarimal Tharwani } Partner of M/s Sai Homes & Ors.
} Respondents WITH INTERIM APPLICATION NO.179 OF 2025 WITH INTERIM APPLICATION NO.81 OF 2025 IN COMMERCIAL APPEAL FROM ORDER NO.3 OF 2023 Dayal Sukhumal Raghuvanshi } Applicant Vs.
Mr. Hardasmal Hazarimal Tharwani } (deceased) through LRS Partner of } M/s Sai Homes & Ors } Respondents
WITH INTERIM APPLICATION NO.446 OF 2023 IN COMMERCIAL APPEAL FROM ORDER NO.3 OF 2023 Mr. Rameshlal Sukhumal Raghuvanshi } & Ors.
} Applicants/ Appellants Vs.
Mr. Hardasmal Hazarimal Tharwani } (deceased) through LRS Partner of } M/s Sai Homes & Ors } Respondents WITH WRIT PETITION NO.14485 OF 2023 Hardasmal Hazarimal Tharwani & Ors. } Petitioners Vs.
Sunil Hardasmal Tharwani & Ors.
} Respondents WITH INTERIM APPLICATION NO.14448 OF 2024 IN WRIT PETITION NO.14485 OF 2023 Hardasmal Hazarimal Tharwani } & Ors } Applicants/ Petitioners Vs.
Sunil Hardasmal Tharwani & Ors.
} Respondents Mr. Prasad Shenoy I/b Mr. Jayesh Joshi for Appellants/Applicants in Commercial Appeal From Order No.28 of 2023 and Interim Application No.14437 of 2024 and for Petitioners/Applicants in Writ Petition No.14485 of 2023 and Interim Application No.14448 of 2024.
Mr.
S.
S.
Kanetkar for Appellant in Commercial Appeal From Order No.2 of 2023.
Mr. Tejesh Dande a/w Mr. Bharat Gadhavi and Mr. Aniket Shitole I/b Tejesh Dande & Associates for Appellants in Commercial Appeal From Order No.3 of 2023 and for Respondent Nos.1 to 3 in Commercial Appeal From Order No.28 of 2023 and Interim Application No.14437 of 2024 and Writ Petition No.14485 of 2023 and Interim Application No.14448 of 2024.
Mr. Prasad Shenoy a/w Mr. Sujit Lahoti and Ms Tejasvi Kudtarkar and Mr. Aditya Sheth I/b Sujit Lahoti & Associates for Respondent No.2 in Commercial Appeal From Order No.2 of 2023 and Commercial Appeal From Order No.3 of 2023.
Mr.
Sunil Gangan a/w Mr.
Subham Dudwadkar a/w Mr. S. M. Seegarla I/b RMG Law Associates for Respondent No.3 in in Commercial Appeal From Order No.2 of 2023 and Commercial Appeal From Order No.3 of 2023.
Ms Bhavisha R. Ajvoani for Respondent Nos.4 to 7 in Commercial Appeal From Order No.28 of and Interim Application No.14437 of 2024 and Writ Petition No.14485 of 2023 and Interim Application No.14448 of 2024.
CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.
DATE:
JANUARY 30, 2025 P.C.:
IA/14437/2024 IN COMAO/28/2023:
1.
Heard on Interim Application No. 14437 of 2024. 2.
This interim application has been filed seeking substitution of legal representatives of appellant no. 1, who expired on 22nd
September 2024. The deceased appellant had executed registered will on 16th January 2023 in favour of his grandsons, namely, Mr. Dhiren Anil Tharwani and Mr. Abhishek Anil Tharwani as legal representatives.
3.
Learned counsel for the respondents has opposed the aforesaid prayer.
4.
After hearing the learned counsel for the parties and for the reasons assigned in the interim application and taking into account the fact that the order of substitution only enables the parties to continue the proceedings and in the light of the registered will registered in favour of the proposed appellants, we are inclined to allow the application.
5.
Accordingly, the interim application is allowed. 6.
Let the necessary amendment shall be incorporated in the cause title within two weeks IA/14448/2024 IN WP/14485/2023:
7.
Heard on Interim Application No. 14448 of 2024. 8.
This interim application has been filed seeking substitution of legal representatives of petitioner no. 1, who expired on 22nd September 2024. The deceased petitioner had executed registered will on 16th January 2023 in favour of his grandsons, namely, Mr. Dhiren Anil Tharwani and Mr. Abhishek Anil Tharwani as legal representatives.
9.
Learned counsel for the respondents has opposed the aforesaid prayer.
10. After hearing the learned counsel for the parties and for the reasons assigned in the interim application and taking into
account the fact that the order of substitution only enables the parties to continue the proceedings and in the light of the registered will registered in favour of the proposed petitioners, we are inclined to allow the application.
11. Accordingly, the interim application is allowed.
12. Let the necessary amendment shall be incorporated in the cause title within two weeks.
IAST/226/2025 IN COMAO/2/2023:
13. Heard on Interim Application (St.) No. 226 of 2025.
14. This interim application has been filed seeking substitution of legal representatives of respondent no. 1, who expired on 22nd September 2024. The deceased respondent had executed registered will on 16th January 2023 in favour of his grandsons, namely, Mr. Dhiren Anil Tharwani and Mr. Abhishek Anil Tharwani as legal representatives.
15. Learned counsel for the respondents has opposed the aforesaid prayer.
16. After hearing the learned counsel for the parties and for the reasons assigned in the interim application and taking into account the fact that the order of substitution only enables the parties to continue the proceedings and in the light of the registered will registered in favour of the proposed respondents, we are inclined to allow the application.
17. Accordingly, the interim application is allowed.
18. Let the necessary amendment shall be incorporated in the cause title within two weeks.
IA/15136/2024 IN COMAO/2/2023:
19. In view of the aforesaid order passed in IAST/226/2025, learned counsel for the applicants in this interim application submits that this interim application does not survive for consideration.
20. The aforesaid statement is placed on record.
21. The interim application is disposed of accordingly.
22. List the appeals and writ petition on 20th February 2025. by JAYANT VISHWANATH SALUNKE Date:
2025.02.04 13:29:27 +0530 JAYANT VISHWANATH SALUNKE (BHARATI DANGRE, J.) (CHIEF JUSTICE)