M/S Bhagwati Builders And Developoers v. 1a. Anil Kumar Hirjee And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3436 OF 2025 IN SUIT NO. 533 OF 2014 M/S. BHAGWATI BUILDERS AND DEVELOPERS )...APPLICANT V/s.

ANIL KUMAR HIRJEE AND ANOTHER )...RESPONDENTS Mr.Xavier Fernando, Advocate for the Applicant/Original Plaintiff. Mr.Aayush Barat i/by Mr.Mahernosh Humranwala, Advocate for the Respondent/ Original Defendant no.2.

CORAM

:

ABHAY AHUJA, J.

DATE :

17th MARCH 2026 P.C. :

1.

This Interim Application seeks impleadment of four new Trustees of the Defendant no.2 in place of the Trustees who have passed away or resigned.

2.

At the outset, it is submitted on behalf of the Defendant no.2 that the name of the Defendant no.2 has changed from Bombay Gow Rakshak Mandali to BGM Foundation pursuant to approval of the Change report submitted and this Court's attention is drawn to page 22 of the reply.

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3.

Mr.Fernando, learned Counsel appearing for the Plaintiff/ Applicant has no objection if the name of the Defendant no.2 is directed to be changed from Bombay Gow Rakshak Mandali to BGM Foundation. Mr.Fernando further submits that since two of the Trustees of the Defendant no.2 had earlier expired and one of them had resigned, four Trustees were to be impleaded in their place, however, the third Trustee to be impleaded has also expired and the Defendant no.2 in its reply at paragraph 6 has given the name of Mr.Kirtikumar Dayal to be inserted in place of Mr.Haridas Tricumdas Kapadia to be impleaded as the Defendant no.1(c).

4.

Mr.Aayush Barat, learned Counsel appearing for the Defendant no.2 has no objection if the said amendments are permitted. 5.

Having heard the learned Counsel and having considered the submissions, the following order is passed :

ORDER

(i) Let the following amendments be carried out within a period of two weeks :

(a) Let the name of the Defendant no.2 be amended from Bombay Gow Rakshak Mandali to BGM Foundation. avk 2/3

(b) Let the existing names as Defendants no.1(A), 1(B) and 1(C) be deleted and in their place the following names be added : Sr.

No.

Name of the New Trustees to be impleaded as Defendants Mr.Ameet Pratapsinh Hariani (To be impleaded as Defendant no.1A) 2 Mr.Dilip Pratapsingh Goculdas (To be impleaded as Defendant no.1B) Mr.Kirtikumar Dayal (To be impleaded as Defendant no.1C) Mr.Jalaj Ashwin Dani (To be impleaded as Defendant no.1D) (ii) Let the amended proceedings be served on all the Defendants within a period of two weeks.

6.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

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