Darshan Jain v. Indrakumar Jain

1/2 11-IA(L)-31282-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO.31282 OF 2023 WITH INTERIM APPLICATION (L) NO.34550 OF 2023 IN COMMERCIAL IP SUIT NO.203 OF 2025 Darshan Jain ...Applicant/Plaintiff

Versus

K.M. International ...Defendant WITH INTERIM APPLICATION NO.5862 OF 2025 IN COMMERCIAL IP SUIT NO.203 OF 2025 Darshan Jain ...Applicant/Plaintiff

Versus

Indrakumar Jain ...Defendant ----- Ms. Laher Shah a/w Ms. Hasti Parekh i/b Ms. Laher Shah, for the Applicant/Plaintiff.

Mr. Deepak S. Bhalerao, Second Assistant to Court Receiver, present. ----- CORAM : ARIF S. DOCTOR, J.

th OCTOBER, 2025.

DATE : 9 P.C:

Interim Application No.5862 of 2025 1.

The present Interim Application seeks the following substantive prayers:

"a) the Plaintiffs be allowed to add Defendant No. 1(a) i.e., Mrs Vaibhav

2/2 11-IA(L)-31282-2023.doc Poonam Surana and Defendant No. 2(a) i.e., Mr Yash Surana to the Plaint, Vakalatnama and Interim Application in the interest of justice in accordance to the schedule annexed hereto.

b) the Plaintiffs be allowed to add averments and prayers in the present Plaint as listed out in the Schedule to this Application."

2.

Learned counsel points out that on the previous occasion, the Defendants have been represented by Advocate however, today none appears. Learned counsel then pointed out that the amendment is formal in nature, in as much as the same only seek to bring on record the legal heirs of the sole Defendant who has passed away since the filing of the present suit. 3.

Having due regard to the submissions made and having perused the Interim Application, in my view, the same would have to be allowed. Given that is purely formal in nature. Hence, Interim Application is allowed in terms of prayer clauses (a) and (b), as already reproduced above. 4.

Learned counsel undertakes to serve copy of the amended plaint upon the newly added Defendants.

5.

Re-verification is dispensed with.

Interim Application (L) No.31282 of 2023 th November 2025.

6.

List the matter on 18 [ARIF S. DOCTOR, J.] Vaibhav