Allowed

Arun Kantilal Parekh and Anr. v. Pratima Arun Parekh and Another

Bombay HC14 Nov 2022IA/4611/2022

Case brief

AI extract

What is this about?

Allowing an interim application to amend the plaintiff list due to a change in trusteeship of the Virgo Investment Trust upon the resignation of the appointed trustee, and directing necessary amendments within two weeks.

What did the court decide?

The plaintiff was allowed to amend the Plaint to reflect the new trustee, Julie Amitabh Parekh, and given two weeks to do so.

Arun Kantilal Parekh and Anr. Vs Pratima Arun Parekh and… — Banking and Recovery | Bombay HC (2022)

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SWAROOP Digitally signed bySWAROOP SHARADPHADKE SHARAD PHADKEDate: 2022.11.1511:28:55 +0530

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11 comss 176 of 2015.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. SUMMARY SUIT NO.176 OF 2015

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Arun Kantilal Parekh and Anr.

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… Plaintiffs

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versus

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First Health Care Pvt. Ltd.

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…Defendant

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WITH

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INTERIM APPLICATION NO.4611 OF 2022

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IN

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COMM. SUMMARY SUIT NO.176 OF 2015

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Ms. Priyanka Kothari with Ms. Nikita Vardhan, Ms. Nidhi Pathak i/by Kanga and Co.,
for Plaintiffs.

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Mr. Shanay Shah with Mr. Gobinda C. Mohanty i/by M/s. Mohanty and Associates,
for Defendant.

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CORAM: N.J.JAMADAR, J.

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DATE:14th NOVEMBER, 2022

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P.C.:

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1. Heard the learned Counsel for the parties.

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2. The learned Counsel for the Defendant submits that the Defendant does

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not wish to file additional written statement.

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3. The statement is noted.

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Interim Application No.4611 of 2022

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4. Heard the learned Counsel for the parties.

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5. This Application is taken out to amend the Plaint so as to incorporate

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change in the constitution of Virgo Investment Trust.

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SSP 1/2

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11 comss 176 of 2015.doc

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6.Mr. Arun Kantilal Parekh, Plaintiff No.1, who was the trustee of Virgo
Investment Trust, expired on 28th December, 2020. In his place, Mrs. Priyadarshani
Sachin Kotgir came to be appointed as a Trustee on 11th June, 2021. Pursuant to the

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said change, Interim Application (L) No.25241 of 2022 came to be filed to bring Mrs.
Kotgir on record as Plaintiff No.1. The said Application came to be allowed on 29th
August, 2022.

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7.In the meanwhile, it transpired that Mrs. Kotgir resigned from the
trusteeship of Virgo Investment Trust with effect from 17th August, 2022. Now in her
place, a new trustee namely Julie Amitabh Parekh has been appointed. Hence, this
Application.

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8.Evidently, the Application is essentially consequential to the change in
the constitution of Virgo Investment Trust brought about by the resignation of Mrs.
Kotgir. Hence, the Application stands allowed in terms of prayer clause (a).

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9.The Plaintiffs shall amend the Plaint in accordance with the Schedule
appended to this Application.

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10. Necessary amendment be carried out within a period of two weeks.

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11. The Application stands disposed.

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List the Suit on 2nd January, 2023.

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( N.J.JAMADAR, J. )

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2/2

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SSP

Arun Kantilal Parekh and Anr. v. Pratima Arun Parekh and Another

Case brief

What is this about?

What did the court decide?

Arun Kantilal Parekh and Anr. v. Pratima Arun Parekh and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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