Bhupendra Ratilal Shah v. Curio Finance And Investment Pvt. Ltd.

13-IA-2081-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.2081 OF 2024 IN COMMERCIAL SUIT NO. 288 OF 2017 MR.BHUPENDRA RATILAL SHAH )...APPLICANT

IN THE MATTER BETWEEN

MR.BHUPENDRA RATILAL SHAH )...PLAINTIFF V/s.

CURIO FINANCE AND INVESTMENT PVT. LTD.

) AND OTHERS )...DEFENDANTS AND M/S. TULSI SIDDHI DREAM HOMES LLP )...RESPONDENT (PROPOSED DEFENDANT NO.5) Mr.Karl Tamboly a/w. Mr.Pradeep Bakhru i/by Wadia Ghandy & Co., Advocate for the Applicant/Plaintiff.

Mr.Rushabh Sheth i/by Mr.Aditya Mhatre, Advocate for the Proposed Respondent no.5.

Mr.N.C.Pawar, Officer on Special duty, Court Receiver's Office, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

24th FEBRUARY 2025 P.C. :

1.

This Interim Application seeks amendment to the plaint to Digitally signed by ARTI VILAS KHATATE Date:

2025.02.24 17:05:41 +0530 ARTI VILAS KHATATE implead the third party in whose favour third party rights have been created.

avk 1/2

13-IA-2081-2024.doc 2.

Mr.Rushabh Sheth, learned Counsel, has no objection if his client is added as a party and seeks leave of this Court to file reply to the other application as well as to file written statement. 3.

In view of the aforesaid, the amendment is allowed in terms of prayer clause (a) which reads thus :

"(a) This Hon'ble Court be pleased to permit the Plaintiff to amend the plaint as per the Schedule annexed hereto and also carry out all consequential amendments."

4.

Let the amendment as per the Schedule be carried out within a period of two weeks. Let the amended plaint and proceedings be served upon the others in a week thereafter and an appropriate affidavit of service be filed.

5.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) avk 2/2