Vinayak Vijaysingh Chauhan vs N.D. Arts World Pvt. Ltd. And 2 Ors
2024 Latest Caselaw 125 Bom

Bombay High Court

Vinayak Vijaysingh Chauhan vs N.D. Arts World Pvt. Ltd. And 2 Ors on 3 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                   21. sj 63-21 in COMSS 1109-19 @ ial 28620-23 in COMSS.doc


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

                   SUMMONS FOR JUDGMENT NO.63 OF 2021
                                  IN
                 COMMERCIAL SUMMARY SUIT NO.1109 OF 2019

 Vinayak Vijaysingh Chauhan                            ...Plaintiff
       V/s.
 N.D. Arts World Pvt. Ltd and Ors                      ...Defendants
                                   WITH
                  INTERIM APPLICATION (L) NO.28620 OF 2023
                                    IN
                 COMMERCIAL SUMMARY SUIT NO.1109 OF 2019

 Vinayak Vijaysingh Chauhan                            ...Applicant (Orig. Plaintiff)
 IN THE MATTER BETWEEN :-
 Vinayak Vijaysingh Chauhan                            ...Plaintiff
       V/s.
 N.D. Arts World Pvt. Ltd and Ors                      ...Defendants

 Ms. Pallabi Chatterjee i/b Mr. Hemant Ghadigaonkar , Advocate for the
 Plaintiff/Applicant.
 Mrs. Deepa Kamath i/b Ms. Pushpa Thapa, Ms. Vrunda Surve,
 Advocates for the Defendants/Respondents No.1 and 2.


                           CORAM       :       ABHAY AHUJA, J.

                           DATE        :       3RD JANUARY, 2024


 P.C. :

Interim Application (L) No. 28620 of 2023

1. This interim application as noted in the order dated 2 nd

November, 2023 seeks to bring on record the legal heirs of deceased

Defendant No.2. On 2nd November, 2023, Ms. Kamath, learned Counsel

21. sj 63-21 in COMSS 1109-19 @ ial 28620-23 in COMSS.doc

for Defendant No. 2 has sought to file reply in the matter. However,

today, when the matter is called out, learned Counsel for legal heirs of

Defendant No.2, submits that she has no objection if the application is

allowed.

2. Having perused the application and having considered the

submissions, the application to bring on record legal heirs of deceased

Defendant No.2, is allowed.

3. Let the amendments be carried out as per schedule to the said

application within a period of two weeks. Let the amended plaint be

served upon Defendants within a period of one week thereafter. Interim

application accordingly stands disposed.

Summons for Judgment No. 63 of 2021 in COMSS 1109 of 2019

4. Ms. Kamath, learned Counsel for Defendants also submits that

Defendant No.1 has been declared insolvent and as per the order dated

25th July, 2023 of the NCLT, Resolution Professional has been appointed

in the matter.

21. sj 63-21 in COMSS 1109-19 @ ial 28620-23 in COMSS.doc

5. Let the Resolution Professional be informed of this litigation and

steps be taken by the Plaintiff to bring the Resolution Professional on

record.

6. List on 17th January, 2024.

(ABHAY AHUJA, J.)