Samrat Associates And 2 Others vs Ramesh Pandurang Mali And 3 Others
2024 Latest Caselaw 119 Bom

Bombay High Court

Samrat Associates And 2 Others vs Ramesh Pandurang Mali And 3 Others on 3 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                               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.)