Amey Realty And Construction Llp v. Shree Construction Company And ORS.

17-S-1033-2016-MODIFIED.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1033 OF 2016 Shree Construction Company ...Plaintiff

Versus

Bagwe Housing Pvt Ltd & Ors ...Defendants WITH INTERIM APPLICATION (L) NO. 31242 OF 2024 IN SUIT NO. 1033 OF 2016 WITH INTERIM APPLICATION (L) NO. 9962 OF 2023 IN SUIT NO. 1033 OF 2016 SHEPHALI SANJAY MORMARE Mr Shanay Shah, with Shrikant Pillai, i/b M/s. Solomon & Co, for the SHEPHALI SANJAY MORMARE Date: 2024.10.25 18:18:50 +0530 Plaintiff.

Mr Mutahhar Khan, with Hemant Mehta, Jinal Mehta & Anamika Tiwari, i/b Mehta & Co, for Defendants Nos. 2 to 9.

CORAM:

ARIF S. DOCTOR, J DATED:

18th October 2024 PC:- INTERIM APPLICATION (L) NO. 9962 OF 2023 1.

This is an Application for amendment. The amendments that are sought for are essentially to change the name/description of Defendant

17-S-1033-2016-MODIFIED.DOC No. 9 since Defendant No. 9 is now a Limited Liability Partnership as also for the prayer pertaining cancellation of the Powers of Attorney dated 3rd March 1999 and 26th April 2002.

2.

The Application for amendment was not opposed, however, Learned Counsel appearing on behalf of Defendants Nos. 2 to 9 submitted that all rights and contentions of these Defendants be kept open.

3.

Thus, I am inclined to allow the Application in terms of prayer clause (a) by keeping open all rights and contentions of the parties. 4.

Hence, the Interim Application is allowed in terms of prayer clause (a), which reads thus:

"(a) that leave be granted to the Applicant to amend the Plaint in terms of Schedule I hereto."

5.

List the matters on 6th December 2024.

(ARIF S. DOCTOR, J) Note: This order is modified as per order dated 24th October 2024.