Asif Ismail Tak vs Ramesh Pandurang Mali
2024 Latest Caselaw 115 Bom

Bombay High Court

Asif Ismail Tak vs Ramesh Pandurang Mali on 3 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:115


                                                 23. SJ 53-22 in COMSS 36-22 @ IA 1914-23 in COMSS 36-22.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       ORDINARY ORIGINAL CIVIL JURISDICTION

                                     SUMMONS FOR JUDGMENT NO.53 OF 2022
                                                    IN
                                    COMMERCIAL SUMMARY SUIT NO.36 OF 2022

                   Samrat Associates and Ors                                   ...Plaintiffs
                        V/s.
                   Ramesh Pandurang Mali and Ors                       ...Defendants
                                                     WITH
                                      INTERIM APPLICATION NO.1914 OF 2023
                                                      IN
                                    COMMERCIAL SUMMARY SUIT NO.36 OF 2022

                   Asif Ismail Tak                                     ...Applicant
                                                                        (Orig. Plaintiff No.2)
                   IN THE MATTER BETWEEN :-
                   Samrat Associates and Ors                           ...Plaintiffs
                        V/s.
                   Ramesh Pandurang Mali and Ors                       ...Defendants
                        And
                   Sneha Harshad Mali & Anr                            ...Respondents

                   Ms Shreya Jha with Mr. S. M. Seegarla i/b RMG Law Associates for
                   Plaintiff No.2.
                   Mr. Yash Naik i/b Mr. Rahul R. Singh for Defendants No. 1 to 4.

                                             CORAM     :       ABHAY AHUJA, J.

                                             DATE      :       3RD JANUARY, 2024


                   P.C. :
                   Interim Application No. 1914 of 2023

1. This is an interim application seeking to bring on record the legal

heirs of deceased Defendant No. 3 (b), who expired on 30 th September,

2022 leaving behind heirs mentioned in paragraph 2 of the application.

23. SJ 53-22 in COMSS 36-22 @ IA 1914-23 in COMSS 36-22.doc

It is submitted that there is a delay of 44 days in preferring this

application.

2. Mr. Naik, learned Counsel who appears for the Defendants has

no objection if the application is allowed.

3. Accordingly, the delay in preferring this Application is hereby

condoned. Let the heirs of deceased Defendant No. 3 (b) as mentioned

in paragraph 2 of the application be brought on record. Let the

amendment and the consequential amendments be carried out within a

period of one week. Let copy of the amended plaint and summons for

judgment, be served upon the other side and the newly added

Defendants within a period of two weeks thereafter and appropriate

affidavit of service be filed to that effect. The newly added Defendants

may file reply to the summons for judgment within a period of two

weeks thereafter. Rejoinder, if any, be filed within one week thereafter.

4. Interim application accordingly sands disposed

5. List the Summons for Judgment on 14th February, 2024.

(ABHAY AHUJA, J.)