Court allowed an interim application to bring deceased petitioner's legal heirs on record, condoning a 108-day delay relying on precedent. Application disposed; abatement set aside.
Interim Application allowed in terms of prayer clause A), B) and D. Abatement set aside.
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.
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION
INTERIM APPLICATION NO. 695 OF 2023 IN
WRIT PETITION NO. 6885 OF 2015
Shri. Ulhas Ankush Marne Deceased Thru Lhr Shri. Nikhil Ulhas Marne Applicant. V/s. M/s. Aquapharm Chemical Company Limited. Respondent.
…
Mr. Atharva Date i/b. Prathmesh B. Bhargude for Applicant.
CORAM : RAJESH S PATIL, J.
DATED : 25th January, 2023
P.C.:
heirs of deceased Petitioner on record.
for respondent opposes the application.
Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the
1
application of bringing legal heirs on record, relying on Supreme Court judgment of Sardar Amarjit Singh Kalra (Died) by Lrs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.
the application, Interim Application is allowed in terms of prayer clause A), B) and D. Abatement stands set aside.
today.
(RAJESH S. PATIL, J.)
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2 issues framed by the court
Whether the delay in filing application to bring legal heirs on record is condonable.
Whether the abatement of the writ petition should be set aside to allow joining additional legal heirs.
Colour shows how this judgement treated each authority
Keshao Kawadu Maral and another Versus State of MaharashtraReferred¶17
2005 (supp.) B.C.R. 226
Shri. Ulhas Ankush Marne Deceased Thru Lhr Shri. Nikhil Ulhas Marne
M/s. Aquapharm Chemical Company Limited
Rajesh S Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
