Bombay High Court
Tejsingh Mansingh Baid vs Bijaysingh Mansingh Baid And 6 Ors ... on 11 January, 2022
Bench: B.P. Colabawalla
12.ia.1898.21..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
ANJALI
INTERIM APPLICATION NO. 1898 OF 2021
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2022.01.12
ASWALE 17:47:57 +0530
IN
COMM. EXECUTION APPLICATION (L)NO.492 OF 2020
IN
ARBITRATION PETITION NO. 180 OF 1996
Tejsingh M. Baid ..Applicant/Orig. Respondent No.2
IN THE MATTER BETWEEN
Bijaysingh M. Baid & Ors ..Judgment Debtors/Orig. Petitioners
Vs.
Mansingh H. Baid & Ors ..Judgment Creditors/Orig.Respondent
Nos.1 to 3
Jaykumar B. Baid & Anr ..Judgment Debtors / Orig. Respondent
Nos.4 & 5
Mr. Gauraj Shah i/b Shreyans Baid, for the Applicant/Orig. Respondent
No.2.
Mr.Raj Sanghvi, for Original Respondent No.4.
Ms. S. Mehra i/b Nityanand Wagle, for Respondent No.1-B.
Mr. Pravin R. Mhaskar, Asstt. S. O. of the office of Court Receiver is
present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JANUARY 11, 2022.
(THROUGH VIDEO CONFERENCING)
Aswale 1/3
12.ia.1898.21..doc
P. C.:
The above Interim Application is filed seeking amendments
as per Schedule "A" and Schedule "B" annexed to the Interim
Application.
2 Having heard the learned counsel for the parties, and
perusing the Interim Application, I do not see any impediment in
allowing the same. In these circumstances, the Interim Application is
allowed in terms of prayer clauses (a), (b) and (c) which read thus:-
a) This Hon'ble Court be pleased to condone the said delay of
80 days caused inadvertently in filing of the present Interim
Application to bring the legal heirs and/or legal representatives
of the deceased Shri Bijaysingh Baid on record;
b) This Hon'ble Court be pleased to permit the Applicants to
bring Ori.Petitioner Nos. 1(a) to 1 (e) as legal heirs of the said
deceased Ori. Petitioner No.1 as provided in the Schedule
hereto annexed and marked as Schedule 'A' at Exhibit-'B'
herewith and accordingly be permitted to carry out the
amendments to the Clause title of the present Execution
Application and Interim Application No. 32 of 2021 filed under
Aswale 2/3
12.ia.1898.21..doc
the present execution Application in accordance with the cause
title of the present Interim Application.
c) This Hon'ble Court be pleased to permit the Applicant to
carry out the corrections at page No.4, 5, 6 from the original
Execution Application and to carry out amendment at para 2 of
the Affidavit in support of the aforesaid Execution Applicants
as mentioned in para 12 (i) and (ii) above as per the Schedule
'B' hereto annexed and marked as Exhibit 'C' herewith.
3 The amendment shall be carried out within a period of one
week from today.
4 The Interim Application is accordingly disposed of. No
order as to costs.
5 This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Aswale 3/3
