The High Court of Judicature at Bombay allowed the plaintiff's interim application to amend the plaint, permitting the amendment forthwith because defendant No. 5 attained majority.
Plaint to be amended forthwith; re-verification dispensed with; reply affidavit filed within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
35-nms-2100-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2021.12.03 18:29:40 +0530
INTERIM APPLICATION (L) NO.27953 OF 2021 WITH NOTICE OF MOTION NO. 3038 OF 2016 WITH NOTICE OF MOTION NO.2100 OF 2018 IN SUIT NO.1055 OF 2016
...Plaintiff
Heena Nikhil Dharia vs.
Kokilaben Kiritkumar and Others ...Defendants
Mr. Shanay Shah a/w. Mr. Trupit Shetty, Ms. Samruddhi Sonar, Ms. Pranvi Jain i/b. Dhruve Loladhar & Co, for the Plaintiff Mr. Shailesh Shah, Senior Advocate a/w. Ms. Mamta Shah, Mr. S.K. Tejpal, Mr. Dushyant Tejpal i/b. Tejpal & Co., for Defendant Nos. 1 to 3.
Mr. Shyam Kapadia i/b. Mr. Sonu Tandon, for Defendant No. 4. Ms. Saakshi Saboo i/b. Raval Shah & Co., for Defendant No. 5. Mr. K.K. Hebale, Offcer of the Court Receiver offce present.
CORAM : N. J. JAMADAR, J. DATE : DECEMBER 03, 2021
P.C.:
. This application is taken out by the plaintiff to amend the
plaint as the defendant No. 5 Ms. Diya has since attained majority.
behalf of defendant No. 5 on 24th November, 2021, a copy of which is annexed at Exhibit A to the application.
Vishal Parekar, P.A.
...1
35-nms-2100-2018.doc
(N. J. JAMADAR, J.)
Vishal Parekar, P.A.
...2
1 issue framed by the court
Whether plaint should be permitted to be amended since defendant No. 5 attained majority.
Heena Nikhil Dharia
Kokilaben Kiritkumar
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
