Bombay High Court
Darshan Anilkumar Patel vs Pravinkumar Jinabai Patel on 9 August, 2021
Bench: Mangesh S. Patil
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 5007 OF 2021
Kalpita Builders Pvt.Ltd.,Jalgaon,
Through Its Director,
Shri. Darshan s/o Anilkumar Patel,
Age 49 years, Occ. Business,
R/o. Kalpita Enclave CHS,
E-1 Building, Flat No. 1 & 2,
Ground Floor, Sahar Road,
Koldongri, Andheri (East)
Mumbai - 400 069. ... Petitioner.
VERSUS
1) Pravinkumar Jinabai Patel,
Since deceased represented through
his legal heirs and representatives.
1-A) Smt. Savitaben Pravinchand Patel,
Age 66 years, Occ. Business,
R/o. Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
1-B) Sau. Kalpita s/o Dilip Patel,
Age 49 years, Occ. Business,
R/o. Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
And
Flat No. 773, Takshashila Housing
Society No. 2, Fulchhab Chowk,
Rajkot-360 002 (Gujarat).
1-C) Sau. Alpita Jayesh Soni,
Age 47 years, Occ. Business,
R/o. Flat 4, Maple House,
45, Lismore Boulevard,
London- NW-94-EG, United Kingdom
And
Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
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1-D) Sau. Trupti Amish Kothari,
Age 45 years, Occ. Business,
R/o. Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
And
811, Takshashila Housing Society No.2,
Opposite Star Plaza, Fulchhab Press,
Sada, Rajkot- 360 002 (Gujrat)
2) Jayshri Jugalkishore Lathi,
Age 58 years, Occ. Household,
R/o. Behind Bombay Lodge,
Navi Peth, Jalgaon, Tq. & Dist.
Jalgaon.
3) Sandeep Shivnarayan Zavar,
Age 49 years, Occ. Business,
R/o. Behind Bombay Lodge,
Navi Peth, Jalgaon, Tq. & Dist.
Jalgaon.
4) Indumati Omkardas Kabre,
Age 78 years, Occ. Household,
R/o. Dharangaon, Tq. Dharangaon
Dist. Jalgaon.
5) Sadhana Bhushan Mundada,
Age 50 years, Occ. Houehold,
R/o. Pimprala, Tq. & Dist. Jalgaon.
6) Ku. Jivanrani Narendra Raisoni,
Minor, through Sangita Narendra
Raisoni, R/o. Jaikisanwadi, Jalgaon,
Tq. & Dist. Jalgaon.
7) Sulochana Prakash Jain,
Age 58 years, Occ. Household,
R/o. Jaikisanwadi, Jalgaon,
Tq. & Dist. Jalgaon.
8) Vimal Shankar Sakhare,
Age 59 years, Occ. Household,
R/o. Plot No. 2, Vrundavan Apartment,
Hareshwarnagar, Jalgaon, Tq. &
Dist. Jalgaon.
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9) Shankar Jagannath Sakhare,
(Deceased) Through his Legal Heirs.
9-1) Vimal Shankar Sakhare,
Age 80 years, Occ. Household,
R/o. Plot No. 2, Vrundavan Apartment,
Hareshwarnagar, Jalgaon, Tq. &
Dist. Jalgaon.
9-2) Anil Shankar Sakhare,
Age 58 years, Occ. Service.
9-3) Sunil Shankar Sakhare,
Age 65 years, Occ. Service.
Nos. 9-2 and 9-3 r/o. Plot No. 1 & 2,
Vrundavan Apartment, B-Building,
Hareshwarnagar, Jalgaon, Tq. &
Dist. Jalgaon.
10) Chhaya Prakash Potdar,
Age 51 years, Occ. Household,
R/o. Block No. 6, Vrundavan Apartment,
B-Building, Hareshwarnagar, Jalgaon,
Tq. & Dist. Jalgaon.
11) Girnari Rameshwar Agrawal,
Age 63 years, Occ. Household,
R/o. Ground Floor, Vrundavan
Apartment, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
12) Vinod Rameshwar Agrawal,
Age 64 years, Occ. Business,
R/o. Block No. 3, Vrundavan
Apartment, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
13) Kantilal Motilal Chajed,
(Deceased) through his L.Rs.
13-A) Rajendra Kantilal Chajed,
Age Major, Occ. Business.
13-B) Vimal Kantilal Chajed,
age Major, Occ. Business.
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13-C) Hemant Kantilal Chajed,
Age Major, Occ. Business.
Nos. 13-A to 13-C r/o. Ankita
Bunglow, Ganesh Colony, Jalgaon,
Tq. & Dist. Jalgaon.
13-D) Pravin Kantilal Chajed,
Age Major, Occ. Business,
R/o. Sofinco Industries Pvt. Ltd.,
Kaveri Complex, 50, Nungabakkam
High Court Road, Chennai.
13-E) Sunita Surendra Tated,
Age Major, Occ. Household,
R/o. Maharashtra Bank, Adnera,
District Amravati.
13EE) Sangita Pramod Khivsara,
Age Major, Occ. Household,
R/o. Chandan Apartment, Pratapnagar,
Jalgaon, Tq. & District Jalgaon.
13-F) Sadhana Jabarchand Chopda,
Age Major, Occ. Household,
R/o. A.P.R. Colony, Katanga,
Jabalpur (M.P.)
14) Hemand Kantilal Chajed,
Age 48 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 1st Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
15) Asha Kishor Medhe,
Age 58 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 1st Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
16) Shivaji Gangadhar Temkar,
Age 73 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
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17) Chandramohan Gangadhar Temkar,
Age 58 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
18) Satish Lalji Thakkar,
Age 63 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
19) Purushottam Chhotumal Gujarathi,
Age 63 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
20) Nayana Deepak Patel,
Age 54 years, Occ. Business,
R/o. Plot No. 9, Vrundavan Apartment,
B-Wing, Ring Road, Jalgaon, Tq. &
Dist. Jalgaon. ... Respondents.
...
Advocate for the Petitioners : Mr. V. J.Dixit, Senior Counsel, i/b Mr. Mr.
Sushant V. Dixit.
Advocate for the Respondents No. 1A to 1D : Mr. Bajaj A. S.
Advocate for Respondent Nos. 9(2) to 9(3) to 12, 13(A), 13(C) to 14, 17 to
19 : Mr. Aashish Manglani.
AND
WRIT PETITION NO. 4989 OF 2021
Shri. Darshan s/o Anilkumar Patel,
Age 49 years, Occ. Business,
R/o. Kalpita Enclave CHS,
E-1, Building, Flat No. 1& 2,
Ground Floor, Sahar Road,
Koldongri, Andheri (East)
Mumbai- 400 069. ... Petitioner.
VERSUS
1) Pravinkumar Jinabai Patel,
Since deceased represented through
8 WP 5007 21 4989 21J.odt
his legal heirs and representatives.
1-A) Smt. Savitaben Pravinchand Patel,
Age 66 years, Occ. Business,
R/o. Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
1-B) Sau. Kalpita s/o Dilip Patel,
Age 49 years, Occ. Business,
R/o. Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
And
Flat No. 773, Takshashila Housing
Society No. 2, Fulchhab Chowk,
Rajkot-360 002 (Gujarat).
1-C) Sau. Alpita Jayesh Soni,
Age 47 years, Occ. Business,
R/o. Flat 4, Maple House,
45, Lismore Boulevard,
London- NW-94-EG, United Kingdom
And
Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
1-D) Sau. Trupti Amish Kothari,
Age 45 years, Occ. Business,
R/o. Plot No. 40, 41, Patel Nagar,
Near Collector's Bungalow, Jalgaon,
District Jalgaon.
And
811, Takshashila Housing Society No.2,
Opposite Star Plaza, Fulchhab Press,
Sada, Rajkot- 360 002 (Gujrat)
2) Jayshri Jugalkishore Lathi,
Age 58 years, Occ. Household,
R/o. Behind Bombay Lodge,
Navi Peth, Jalgaon, Tq. & Dist.
Jalgaon.
3) Sandeep Shivnarayan Zavar,
Age 49 years, Occ. Business,
8 WP 5007 21 4989 21J.odt
R/o. Behind Bombay Lodge,
Navi Peth, Jalgaon, Tq. & Dist.
Jalgaon.
4) Indumati Omkardas Kabre,
Age 78 years, Occ. Household,
R/o. Dharangaon, Tq. Dharangaon
Dist. Jalgaon.
5) Sadhana Bhushan Mundada,
Age 50 years, Occ. Houehold,
R/o. Pimprala, Tq. & Dist. Jalgaon.
6) Ku. Jivanrani Narendra Raisoni,
Minor, through Sangita Narendra
Raisoni, R/o. Jaikisanwadi, Jalgaon,
Tq. & Dist. Jalgaon.
7) Sulochana Prakash Jain,
Age 58 years, Occ. Household,
R/o. Jaikisanwadi, Jalgaon,
Tq. & Dist. Jalgaon.
8) Vimal Shankar Sakhare,
Age 59 years, Occ. Household,
R/o. Plot No. 2, Vrundavan Apartment,
Hareshwarnagar, Jalgaon, Tq. &
Dist. Jalgaon.
9) Shankar Jagannath Sakhare,
(Deceased) Through his Legal Heirs.
9-1) Vimal Shankar Sakhare,
Age 80 years, Occ. Household,
R/o. Plot No. 2, Vrundavan Apartment,
Hareshwarnagar, Jalgaon, Tq. &
Dist. Jalgaon.
9-2) Anil Shankar Sakhare,
Age 58 years, Occ. Service.
9-3) Sunil Shankar Sakhare,
Age 65 years, Occ. Service.
Nos. 9-2 and 9-3 r/o. Plot No. 1 & 2,
Vrundavan Apartment, B-Building,
Hareshwarnagar, Jalgaon, Tq. &
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Dist. Jalgaon.
10) Chhaya Prakash Potdar,
Age 51 years, Occ. Household,
R/o. Block No. 6, Vrundavan Apartment,
B-Building, Hareshwarnagar, Jalgaon,
Tq. & Dist. Jalgaon.
11) Girnari Rameshwar Agrawal,
Age 63 years, Occ. Household,
R/o. Ground Floor, Vrundavan
Apartment, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
12) Vinod Rameshwar Agrawal,
Age 64 years, Occ. Business,
R/o. Block No. 3, Vrundavan
Apartment, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
13) Kantilal Motilal Chajed,
(Deceased) through his L.Rs.
13-A) Rajendra Kantilal Chajed,
Age Major, Occ. Business.
13-B) Vimal Kantilal Chajed,
age Major, Occ. Business.
13-C) Hemant Kantilal Chajed,
Age Major, Occ. Business.
Nos. 13-A to 13-C r/o. Ankita
Bunglow, Ganesh Colony, Jalgaon,
Tq. & Dist. Jalgaon.
13-D) Pravin Kantilal Chajed,
Age Major, Occ. Business,
R/o. Sofinco Industries Pvt. Ltd.,
Kaveri Complex, 50, Nungabakkam
High Court Road, Chennai.
13-E) Sunita Surendra Tated,
Age Major, Occ. Household,
R/o. Maharashtra Bank, Adnera,
District Amravati.
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13EE) Sangita Pramod Khivsara,
Age Major, Occ. Household,
R/o. Chandan Apartment, Pratapnagar,
Jalgaon, Tq. & District Jalgaon.
13-F) Sadhana Jabarchand Chopda,
Age Major, Occ. Household,
R/o. A.P.R. Colony, Katanga,
Jabalpur (M.P.)
14) Hemand Kantilal Chajed,
Age 48 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 1st Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
15) Asha Kishor Medhe,
Age 58 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 1st Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
16) Shivaji Gangadhar Temkar,
Age 73 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
17) Chandramohan Gangadhar Temkar,
Age 58 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
18) Satish Lalji Thakkar,
Age 63 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
19) Purushottam Chhotumal Gujarathi,
Age 63 years, Occ. Business,
R/o. Vrundavan Apartment,
B-Wing, 2nd Floor, Hareshwarnagar,
Jalgaon Tq. & Dist. Jalgaon.
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20) Nayana Deepak Patel,
Age 54 years, Occ. Business,
R/o. Plot No. 9, Vrundavan Apartment,
B-Wing, Ring Road, Jalgaon, Tq. &
Dist. Jalgaon.
21) Kalpita Builders Pvt. Ltd. Jalgaon,
Through its Director,
Late Anilkumar Jinabhai Patel.
22) Anilkumar Jinabhai Patel,
Since deceased through L.Rs.
22-A) Smt. Geetaben w/o Anilkumar Patel,
Age 70 years, Occ. Household.
22-B) Shri. Darshan s/o. Anilkumar Patel,
Age 49 years, Occ. Business.
22-C) Shri. Chetan Anilkumar Patel,
Age 47 years, Occ. Business.
22-D) Shri. Vikram Anikumar Patel,
Age 45 years, Occ. Business.
All R/o. 180/1, Smruti, Gujrati
Galli, Zilla Peth, Jalgaon. ... Respondents.
...
Advocate for the Petitioners : Mr. V. J.Dixit, Senior Counsel, i/b Mr. Mr.
Sushant V. Dixit.
Advocate for the Respondents No. 1A to 1D : Mr. Bajaj A. S.
Advocate for Respondent Nos. 9(2) to 9(3) to 12, 13(A), 13(C) to 14, 17 to
19 : Mr. Aashish Manglani.
CORAM : MANGESH S. PATIL, J.
DATE : 09.08.2021.
ORAL JUDGMENT :
Heard. Rule. The Rule is made returnable forthwith in both the Writ
Petitions. With the consent of all the contesting parties the matters are
heard finally at the stage of admission.
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2. A Private Limited Company which is the original plaintiff has been
prosecuting Regular Civil Appeal No. 153/2015 before the District Court at
Jalgaon. When the Appeal reached the stage of final hearing, the Writ
Petitioner namely Darshan Anilkumar Patel claiming himself to be one of the
directors of the petitioner Company requested the Appellate Court inter alia
to decide his Civil Application No. 7032/2015 seeking to replace Director
Anilkumar Patel through whom the Company had filed the suit on account
of his demise. By the impugned order, the learned Judge of the Appellate
Court refused to concede to the request and directed the parties to address
the Court finally for deciding the Appeal.
3. Simultaneously, Darshan Anilkumar Patel and Anilkumar Jinabhai
Patel preferred a separate Appeal in their individual capacity impugning the
self-same judgment and order. With the consent of both the sides, even their
such Appeal can be conveniently decided along with the Appeal of the
Company.
4. After having heard both the learned Senior Advocate and the learned
Advocate for the parties it transpires that in fact Darshan Anilkumar Patel
through whom the Writ Petition has been filed was insisting for deciding
couple of other applications as well before final hearing. The learned Judge
by the impugned order has pointed out as to how the application in respect
of ad interim relief stands already decided in view of the status quo order
passed. Whereas the third application was filed by one of the respondent-
Chaya Prakash Potdar. However, her request for calling application of
signatory details of the Company was also turned down by pointing that it
was already on record and decides she has not come forward to impugn the
order which is under challenge in this Writ Petition.
5. It is thus apparent that the issue as to whether Darshan Anilkumar
Patel is legally competent to prosecute the Appeal for and on behalf of the
Private Limited Company which was the original plaintiff is a matter which
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is still to be decided by the Appellate Court. Since by virtue of a direction of
the Supreme Court in Special Leave Petition (Civil) Diary No. 9209/2020
the Appellate Court has been called upon to decide the appeal expeditiously
on or before 21.08.2021, in my considered view, the issue as regards legal
competence of Darshan Anilkumar Patel to prosecute the Appeal for and on
behalf of the Company is a matter which is substantial in issue and can be
conveniently decided along with the Appeal to save the time.
6. The Writ Petitions are accordingly disposed of with a direction to the
Appellate Court to consider and decide the Civil Application No. 7032/2015
in Regular Civil Appeal No. 153/2015 and Civil Application Nos. 7033/2015
and 7034/2015 in Regular Civil Appeal No. 154/2015 together with the
Appeals itself and allow his learned advocate to address the Court on all
issues to be determined in the Appeal.
7. The Rule is made absolute in above terms.
8. Inform the Appellate Court immediately.
(MANGESH S. PATIL, J.)
mkd/-
