Disposed

Shri. Maruti Uttam Sabale and Ors. v. Shri. Somnath Bhaskar Ratnakar(Since Decd.Thr.Lrs) Sunil Somnath Ratnakar and Ors.

Bombay HC27 Jul 2022IA/16840/2022

Case brief

AI extract

What is this about?

Single judge order regarding an interim application in a Second Appeal where one respondent died. The court allowed the application to amend the party list after constituting legal representatives for the deceased respondent.

What did the court decide?

The application is allowed; necessary amendments carried out in the Second Appeal and pending Civil Applications; notice for legal representatives waived.

Shri. Maruti Uttam Sabale and Ors. Vs Shri. Somnath… — Service and Employment | Bombay HC (2022)

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Digitally signed by HEMANT HEMANT CHANDERSEN CHANDERSEN SHIV SHIV Date: 2022.07.28 11:43:42 +0530

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30.ia16840.22.doc

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Shiv

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.16840 OF 2022

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IN

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SECOND APPEAL NO.467 OF 2019

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Maruti Uttam Sabale & Ors. … Applicants

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 V/s.
Somnath Bhaskar Ratnakar
(Decd.) and Others… Respondents

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Mr. Sachin Dhakepalkar for the Applicant/Appellants.
Ms. Anjali Binjola for the proposed Respondents.

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CORAM : S. M. MODAK, J.

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DATED : 27TH JULY 2022.

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P.C:-

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1.Heard learned Advocate for the Applicants and learned
Advocate for proposed legal representatives of Respondent No.1.
2.Respondent No.1 – Somnath Ratnakar expired on 10th April
2021. Copy of death certificate is annexed. The information about his
death was given to the learned Registrar by learned Advocate earlier
representing deceased Respondent No.1 as per letter dated 7th March
2022. The details of legal representatives are also mentioned therein.
There is delay of one year 9 days in bringing the legal representatives.
Ultimately, the Application can be moved only after information of
death is given.

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3.In view of that the Application is allowed in terms of prayer
clause (a), (b) and (c). Necessary amendment be carried out in the
Second Appeal. Learned Advocate waives notice for legal
representatives of deceased Respondent No.1. Necessary amendment

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30.ia16840.22.doc

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be also carried out in pending Civil Applications.

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4. Ad-interim relief granted on 6th July 2022 be continued till the

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next date.

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5. Matter be kept after on 7th September 2022.

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 (S. M. MODAK, J.)

Shri. Maruti Uttam Sabale and Ors. v. Shri. Somnath Bhaskar Ratnakar(Since Decd.Thr.Lrs) Sunil Somnath Ratnakar and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Maruti Uttam Sabale and Ors. v. Shri. Somnath Bhaskar Ratnakar(Since Decd.Thr.Lrs) Sunil Somnath Ratnakar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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