Gokul Construction Company v. Sher Mohammed Azimuddin Sodawala And 79 ORS

23-IA-3735-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3735 OF 2025 IN SUIT NO. 2532 OF 2012 M/S.GOKUL CONSTRUCTION COMPANY )...APPLICANT

IN THE MATTER BETWEEN

M/S.GOKUL CONSTRUCTION COMPANY )...PLAINTIFF V/s.

SHER MOHAMMED AZIMUDDIN SODAWALA ) AND OTHERS )...RESPONDENTS Mr.Akshay Loya a/w. Ms.Jyoti Ghag, Mr.Ankit Singhal i/by Dua Associates, Advocate for the Plaintiff.

Mr.Krupesh Bhosle a/w. Ms.Srushti Bhatuse i/by Mr.Maulik Tanna, Advocate for the Defendants no.1 to 27 and for the Proposed Defendants No.15A to 15D.

Mr.Yohan Mehta i/by M/s.Divekar Bhagwat & Co., Advocate for the Plaintiff in S/255/2014 and for the Defendant No.54 in S/2532/2012 and S/3219/2010.

CORAM

:

ABHAY AHUJA, J.

DATE :

1st AUGUST 2025 Digitally signed by ARTI VILAS KHATATE Date:

2025.08.02 16:41:15 +0530 ARTI VILAS KHATATE P.C. :

1.

Mr.Akshay Loya, learned Counsel, appears for the Applicant and submits that this Interim Application seeks to bring on record the legal heirs of the deceased Defendant no.15.

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23-IA-3735-2025.doc 2.

When a query is put to the learned Counsel for the Applicant as to the heirs of the deceased Defendant no.15, Mr.Loya draws this Court's attention to the schedule at pages 18 and 19 of the application. However, the said schedule does not contain the names of the legal heirs proposed to be added as Defendants.

3.

Mr.Krupesh Bhosle, learned Counsel, appears and submits that he appears for the purported legal heirs. When a query is put to the learned Counsel for the purported legal heirs as to whether any Vakalatnama has been filed or even to name the legal heirs, the learned Counsel is unable to do.

4.

Accordingly, let the Interim Application be suitably amended and circulation be obtained.

5.

For now, remove from board.

(ABHAY AHUJA, J.) avk 2/2