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Bombay High Court
Nusli Neville Wadia vs Ferani Hotels Private Limited And 48 ... on 5 February, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
33-S-1628-2008 @ CONNECTED APPLICATIONS.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1628 OF 2008
NUSLI NEVILLE WADIA )...PLAINTIFF
V/s.
FERANI HOTELS PRIVATE LIMITED AND OTHERS)...DEFENDANTS
WITH
CHAMBER SUMMONS NO. 1479 OF 2008
WITH
INTERIM APPLICATION (L) NO. 27844 OF 2022
WITH
INTERIM APPLICATION (L) NO. 27403 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28713 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28919 OF 2022
WITH
INTERIM APPLICATION NO. 436 OF 2026
WITH
INTERIM APPLICATION NO. 433 OF 2026
WITH
COUNTER CLAIM (L) NO. 1415 OF 2011
WITH
INTERIM APPLICATION (L) NO. 28900 OF 2022
WITH
INTERIM APPLICATION (L) NO. 27880 OF 2022
WITH
INTERIM APPLICATION (L) NO. 27394 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28941 OF 2022
WITH
ARTI
VILAS INTERIM APPLICATION (L) NO. 29043 OF 2022
KHATATE
Digitally signed
WITH
by ARTI VILAS
KHATATE
Date:
2026.02.05
19:28:42 +0530
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INTERIM APPLICATION (L) NO. 28937 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28926 OF 2022
WITH
INTERIM APPLICATION (L) NO. 29888 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28733 OF 2022
WITH
INTERIM APPLICATION (L) NO. 27398 OF 2022
WITH
INTERIM APPLICATION (L) NO. 27843 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28716 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28962 OF 2022
WITH
INTERIM APPLICATION (L) NO. 29842 OF 2022
WITH
INTERIM APPLICATION NO. 608 OF 2021
WITH
INTERIM APPLICATION NO. 4727 OF 2022
WITH
INTERIM APPLICATION (L) NO. 28703 OF 2022
WITH
INTERIM APPLICATION NO. 442 OF 2026
IN
SUIT NO. 1628 OF 2008
Mr. Rohan Kelkar a/w. Mr.Abhishek Salian, Mr. Raghav Taneja and Ms.
Fatema Kothari instructed by Vidhii Partners, Advocate for the Plaintiff.
Mr.Kushan Kode i/by Prakash & Co., Advocate for the Applicant in
IA/716/2026.
Mr.Rubin Vakil a/w. Mr.Vinay Nair i/by by Mr.Arun Panicker, Advocate
for the Defendants No.19 to 21, 24 and 31.
Mr.S.U.Kamdar, Senior Advocate a/w. Mr.Y. Kamdar and Madhu
Hiraskar i/by A.R.Vaidya & Co., Advocate for the Defendants No.12 and
16 and for the Applicant in IA/677/2026 and IA/684/2026.
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Mr.Sayeed Mulani a/w. Ms.Akshata Kadam i/by Mulani & Co., Advocate
for the Defendant No.33.
Mr.Sudarshan Satalkar a/w. MrAbhishek Nair and Ms.Palomi Vatsyayan
i/by Federal & Co., Advocate for the Defendants No. 38 to 45, 47 and
48.
CORAM : ABHAY AHUJA, J.
DATE : 5th FEBRUARY 2026
P.C. :
INTERIM APPLICATION NO. 716 OF 2026
1. This Interim Application seeks impleadment of the Applicant in
place and stead of the Defendants no.36 and 37.
2. Mr.Kushan Kode, learned Counsel, appears for the Applicant and
submits that pursuant to amalgamation of Defendants no.36 and 37,
the Applicant was formed and draws this Court's attention to an order
dated 4th August 2007 approving the scheme of amalgamation in
support of his contention.
3. The other learned Counsel including the learned Counsel
appearing for the Plaintiff have no objection if the Interim Application
is allowed.
4. Having heard the learned Senior Counsel and the learned
Counsel in the matter, the application is allowed in terms of prayer
clause (a) which reads thus :
33-S-1628-2008 @ CONNECTED APPLICATIONS.doc
(a) This Hon'ble Court be pleased to order and direct the
Plaintiff to implead the Applicant in place and stead of
Defendant Nos.36 and 37.
5. Let the Defendants no.36 and 37 be deleted and in their place
the Applicant be impleaded as Defendant no.37A.
6. The Plaintiff is directed to carry out the amendments within a
period of two weeks and serve the amended proceedings within a
period of two weeks thereafter.
7. The Interim Application is accordingly allowed and stands
disposed as above.
INTERIM APPLICATION NO. 684 OF 2026
8. Mr.Kamdar, learned Senior Counsel, has commenced his
arguments on behalf of the Applicant viz. Defendant no.12.
9. For Mr.Kamdar to continue, list on 12th March 2026 as Part
heard.
(ABHAY AHUJA, J.)
