Prakash Hari Nandumal Sindhi v. Kusshetaji Pestanji Wada Trust

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7736 OF 2025 IN INTERIM APPLICATION NO. 7292 OF 2025 IN SUIT NO. 9814 OF 2021 Prakash Hari Nandumal Sindhi ...Applicant / Plaintiff

Versus

Kusshetaji Pestanji Wada Trust

...Respondent

Mr. Rayyan Shah, i/b Vaibhav D. Kadam, for the Applicant. Mr. Sheroy M. Bodhanwalla, Counsel, a/w Sayali Puri, Akash Singh, Shreyas Thakur, i/b M/s. Bodhanwalla & Co., Advocates & Solicitors for Respondent/Org. Defendant.

Mr. Aditya A. Joshi, for Intervenor-Global Eco Hotels.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : February 18, 2026 ORDER :

1.

Learned Advocate for the Respondent submits that while the contents of the plaint and the pleadings would indicate who the Respondent should be, the very name of the Responent used in the title is wrong. He hands over in Court, the accurate name of the relevant trust who ought to be the Defendant in the Suit, to the Advocate for the Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2026.02.21 13:16:19 +0530 ASHWINI JANARDAN VALLAKATI

Plaintiff. Liberty to carry out the requisite changes to the title in all the pleadings filed in the captioned proceedings.

2. Learned Advocate for the Plaintiff submits that he shall effect the changes within a period of two weeks from the date of upload of the order on the website of this Court and also serve the parties afresh. 3.

Learned Advocate for a partnership firm titled 'Global Eco Hotels' seeks to intervene and submits that the suit property already stands transferred to his client.

4.

The restoration application seeks condonation of delay of 900 days.

5.

Let the aforesaid corrections first be effected and served on the Advocates who have entered appearance for the Respondent and thereafter, the Court shall consider restoration and, if necessary, the intervention.

6.

Learned Advocate for the Plaintiff also submits that he would take instructions as to whether, given the subsequent developments, he would be permitted to withdraw the Suit with liberty to file afresh to deal with the subsequent events.

7.

To enable to take instructions, stand over to March 5, 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.]