Linky Hotels And Shopping Spot Pvt.Ltd. v. Adeline Rodrigues And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3541 OF 2024 IN SUIT NO.122 OF 2022 Dimple Rajendra Mehta ....Applicant
Versus
Gireesh N. Jani & Ors.
....Defendants WITH INTERIM APPLICATION (L) NO.2201 OF 2026 IN SUIT NO.122 OF 2022 WITH INTERIM APPLICATION NO.2998 OF 2022 IN SUIT NO.122 OF 2022 WITH INTERIM APPLICATION NO.6875 OF 2025 IN SUIT NO.122 OF 2022 Linky Hotels And Shopping Spot Pvt. Ltd.
....Applicant
Versus
Adeline Rodrigues & Anr.
....Defendants WITH INTERIM APPLICATION NO.2978 OF 2022 IN SUIT NO.122 OF 2022 Gireesh N. Jani ....Applicant
Versus
Linky Hotels And Shopping Spot Pvt. Ltd.
....Defendants Ms. Sonal a/w. Mr. Ronak Shah & Ms Charu Budhadev i/b. Dhru & Co., for Applicant/Plaintiff.
Mr. Mohernosh Humranwala, for Defendant No.2 in IA/2998/2022 and for Defendants in IA/6875/2025. Digitally signed by AARTI GAJANAN PALKAR Date:
2026.02.27 11:27:32 +0530 AARTI GAJANAN PALKAR
Mr. Anuj Narula a/w. Sayeed Mulani & Tushar Agrawal, for Applicant in IA/3541/2024.
Ms. Adeline Rodrigues, Administrator present. CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : FEBRUARY 24, 2026 ORDER :
1.
Having heard the parties, it is considered appropriate to allow Interim Application No.6875 of 2025 and Interim Application (L) No.2201 of 2026, which essentially deal with bringing on record the legal representatives and legal heirs of Defendant No.2, who has passed away.
2.
Learned Counsel for Defendant Nos.1 and 2 in Interim Application No.6875 of 2025 submits that he should be permitted to file an additional written statement after the amendments are allowed. Should the Advocates for these two Defendants have instructions to seek filing of an additional statement, they must take out in appropriate application explaining why such a statement is necessary which would then be considered appropriately.
3.
It is also clarified that as regards, Defendant No.1, the amendment includes clarifying that she is a party in capacity of the administrator of the Estate of late Nusserwanji.
4.
Interim Application No.3541 of 2024 has been taken out to allow the Applicant to delete the name of the original Applicant in Interim Application No.2978 of 2022. The same is allowed. Interim Application No.2978 of 2022 shall be heard on its own merits after such amendment is made. Let all the amendments be carried out within a period of three weeks from today.
5.
The aforesaid amendments may also consequently be effected in all the other pending interim applications. Re-verification is dispensed with.
6.
Interim Application No.6875 of 2025, Interim Application (L) No.2201 of 2026 and Interim Application No.3541 of 2024 are hereby finally disposed of allowing the amendments as per the Schedules contained therein.
7.
Stand over to March 30, 2026.
8.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.]