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Bombay High CourtIA/15380/2024allowed

Rajendrakumar Markandey Pandey v. B.L. Ruia Trust

2024-12-04Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15380 OF 2024 IN CIVIL REVISION APPLICATION NO.163 OF 2024 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 04th December, 2024 None Present.

The learned Advocate for Applicant has filed this Interim Application No.15380 of 2024 to delete the names of Respondent No.2 'Purshottam Gopiram Ruia and Respondent No.3 Dr.Manik S. Ruia', and to issue fresh notices to Respondent Nos.1, 4 & 5.

The learned Advocate for Applicant submitted that, death of Respondent Nos.2 and 3 has been occurred and they were trustees of Respondent No.1. Therefore, the cause of action does not survive upon the legal heirs of deceased Respondent Nos.2 and 3. Hence, the learned Advocate for the applicant prays to delete the names of Respondent Nos.2 and 3 from the cause title of Civil Revision Application No.163 of 2024.

In turn, the Applicant is permitted to delete the names of Respondent No.2 'Purshottam Gopiram Ruia and Respondent No.3 Dr. Manik S. Ruia' from Cause Title of Civil Revision Application No.163 of 2024.

Likewise, issue fresh notices to the Respondent Nos.1, 4 & 5, returnable by 08 (eight) weeks. In addition, learned Advocate for Applicant is permitted to serve the Respondent Nos.1, 4 & 5 by way of private notice. He is directed to file affidavit of service of notice within 04 (four) weeks.

sd/- Registrar (Judl. - II) dsm