J.V. Gokal Charity Trust and Anr. vs Nayan Arun Jagjivan — Bombay HC (2025) — LawSathi Research

J.V. Gokal Charity Trust and Anr. vs Nayan Arun Jagjivan — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 200 of 2025 allowed in terms of prayer clauses (a) and (b): Plaint to be amended per the annexed Schedule with consequential amendments, transposing Plaintiff No. 3 as Defendant No. 9 and Defendant No. 9 as Plaintiff No. 3, deleting the deceased Defendant No. 10 (trustee of Plaintiff No. 1) and adding Nimish Hasmukhlal Shah as trustee in his place.

Issue for consideration

Whether the Plaint should be amended to transpose Plaintiff No. 3 as Defendant No. 9 and Defendant No. 9 as Plaintiff No. 3. +1 more

Court's answer

Transposition of Plaintiff No. 3 as Defendant No. 9 and of Defendant No. 9 as Plaintiff No. 3 was allowed, both parties being represented and having expressed their no objection to the transposition.

Ratio / Principle

The amendment deleting Defendant No. 10, the trustee of Plaintiff No. 1 who has since expired, and adding Nimish Hasmukhlal Shah as trustee in his place was allowed, service having already been effected on the new trustee on 26 November 2024.

Key takeaways

The Interim Application was allowed in terms of prayer clauses (a) and (b) — permitting the Applicants/Plaintiff Nos. 1 and 2 to amend the Plaint as per the annexed Schedule with consequential amendments — and stands allowed and disposed.ratio¶32
Mr. Deshmukh was directed to furnish the medical certificate tendered for the original Plaintiff No. 3 by way of an affidavit.obiter¶21

Detailed headnote1 paragraphs

Bombay High Court, OOCJ (Abhay Ahuja, J.) — Suit No. 69 of 2016 with Interim Application No. 200 of 2025 (connected: Appeal No. 106 of 2017, Chamber Summons No. 884 of 2019, Leave Petition No. 141 of 2015). On an application by Plaintiffs Nos. 1 and 2, the Court allowed amendment of the Plaint: (i) transposition of Plaintiff No. 3 as Defendant No. 9 and of Defendant No. 9 as Plaintiff No. 3, both parties being represented and expressing no objection; and (ii) deletion of Defendant No. 10, the trustee of Plaintiff No. 1 who has since expired, and addition of Nimish Hasmukhlal Shah as trustee, service on him having been effected on 26 November 2024. The Application was allowed in terms of prayer clauses (a) and (b) (amendment per the annexed Schedule with consequential amendments) and disposed. The medical certificate concerning the original Plaintiff No. 3 was directed to be furnished on affidavit.

901-S-69-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO.69 OF 2016

J. V. Gokal Charity Trust and Others …Plaintiffs V/s.

Contrex Pvt. Ltd. and Others …Defendants

WITH

INTERIM APPLICATION NO.200 OF 2025

WITH

APPEAL NO.106 OF 2017 WITH CHAMBER SUMMONS NO.884 OF 2019 WITH LEAVE PETITION NO.141 OF 2015

Ms. Nisha Shah i/b Mr. Kalpesh Joshi Associates for the Plaintiffs No. 1 and 2/Applicants.

Mr. Abhijit Deshmukh i/b Mr. Nikhil Ghate for the Plaintiff No.3. Mr. Aurup Dasgupta with Ms. Darshika Hemnani and Ms. Prapti Bhadra i/b M/s Jhangiani, Narula & Associates for the Defendants No. 2 and 3. Mr. Rahul Sanghvi i/b M/s Sanjay Udeshi & Co. for Defendants No. 4 & 5.

Mr. Omkar Dandekar i/b M/s Chitnis & Co. for Defendants No. 8 & 9.

P.C. :

Interim Application No. 200 of 2025

Pursuant to the orders dated 23^rd January, 2025, 25^th February,

Digitally signed by NIKITA NIKITAYOGESH YOGESH GADGIL GADGIL Date:2025.05.05 20:25:26 +0530

2025 and 3^rd April, 2025, today when the matter is called out, Mr. Deshmukh, learned Counsel instructed by Mr. Nikhil Ghate, learned

Nikita Gadgil 1/3

901-S-69-2016.doc

Counsel appears for the Plaintiff No. 3 and submits that the original Plaintiff No. 3, who is currently out of the country and is unwell, has no objection if the Plaintiff No.3 is transposed as the Defendant No.9.

Mr. Deshmukh seeks to tender across the bar a medical certificate, however, he is directed to furnish the same by way of an affidavit.

Mr. Deshmukh submits that vakalatnama on behalf of the Plaintiff No. 3 has been filed by Mr. Nikhil Ghate and his name appears in the cause list as well.

As noted in the earlier orders referred to above, Mr. Dandekar, learned Counsel appears for the Defendant No.9 once again conveys the 9^th Defendant’s affirmation to be transposed as the Plaintiff No.3

This Interim Application seeks transposition of the Plaintiff No. 3 as the Defendant No.9 and the Defendant No.9 as the Plaintiff No.3. Since the said parties are represented today and have expressed their no objection for the said transpositions, this Court is of the view that the said amendments can be allowed.

Nikita Gadgil

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901-S-69-2016.doc

As far as the deletion of the Defendant No.10, who was the trustee of the Plaintiff No.1 and has since expired and in his place addition of the name of Nimish Hasmukhlal Shah as the trustee, is sought and since service has already been effected on the said trustee on 26^th November, 2024, this Court is of the view that even this amendment can be allowed.

In view of the aforesaid, the Application is allowed in terms of the prayer clauses (a) and (b), which read thus:-

“(a) that pending the hearing and final disposal of the Suit the Applicants/Plaintiff Nos. 1 and 2 herein be allowed to amend the Plaint as per the Schedule annexed hereto.

(b) that Applicants/Plaintiff Nos. 1 and 2 be allowed to make consequential amendments in the Plaint if any.”

The Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.)

Nikita Gadgil

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