Anju Premises Co-Operative Society Ltd. vs M.K. Rangachari and Ors. — Bombay HC (2026) — LawSathi Research

Anju Premises Co-Operative Society Ltd. vs M.K. Rangachari and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Amendment permitted in terms of the Schedule at Exhibit C: correct name of the Auction Purchaser (Anju Premises Co-operative Society Ltd.) brought on record in the plaint, other pleadings of the Suit and on the Sale Certificate issued by this Court, with consequential amendments wherever necessary, and re-issue of the Commissioner Certificate in the corrected name; the Interim Application stands allowed and disposed.

Issue for consideration

Whether the Court should permit amendment to correct the Applicant society's name — the word “housing” having been omitted through inadvertence — in the plaint and other pleadings of the Suit, on the Sale Certificate issued by this Court, and re-issue the Commissioner Certificate in the correct name of the Auction Purchaser.

Ratio / Principle

Having heard learned counsel and considered the submissions, the Court permitted amendment to the proceedings (the Suit and its records) as well as to the Sale Certificate, in terms of the Schedule at Exhibit C.

Key takeaways

The Interim Application was allowed in terms of prayer clauses (a) to (c): directing the correct name of the Auction Purchaser (Anju Premises Co-operative Society Ltd.) to be brought on record in the plaint, other pleadings of the Suit and on the Sale Certificate; permitting amendment as per Schedule Exhibit C with consequential amendments wherever necessary; and re-issue of the Commissioner Certificate in the corrected name.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., 16 March 2026 — Interim Application No. 1141 of 2026 in Suit No. 1214 of 1973: The Applicant, Anju Premises Co-operative Society Ltd. (the Auction Purchaser), sought correction of its name, the word “housing” having been omitted through inadvertence, in the plaint and other pleadings of the Suit, on the Sale Certificate earlier issued by this Court, and re-issue of the Commissioner Certificate in the correct name. The Court permitted amendment to the proceedings and to the Sale Certificate in terms of the Schedule at Exhibit C and allowed the Interim Application in terms of prayer clauses (a) to (c); the application accordingly stands allowed and disposed.

72-IA-1141-2026.doc

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

INTERIM APPLICATION NO. 1141 OF 2026 IN SUIT NO.1214 OF 1973

ANJU PREMISES CO-OPERATIVE SOCIETY LTD. )...APPLICANT IN THE MATTER BETWEEN ZUBEIDA ADAMKI HEPTULLA TAWAWALLA )...PLAINTIFF

V/s.

M.K. RANGACHARI AND OTHERS )...RESPONDENTS

Mr.Vir Patel a/w. Mr.Ameen Raibakkar i/by M/s.Chitnis Vaithy & Co., Advocate for the Applicant.

None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 16^th MARCH 2026

P.C. :

Mr.Vir Patel, learned Counsel, appears for the Applicant and submits that the Interim Application seeks amendment in the name of the Applicant – society. Mr.Patel submits that through inadvertence the name has been mentioned without the word “housing”. That, after permitting the amendment to the pleadings, this Court may also permit amendment of the Sale Certificate issued by this Court.

avk 1/2

72-IA-1141-2026.doc

Having heard the learned Counsel and having considered the submissions, this Court is of the view that amendment to the proceedings as well as to the Sale Certificate be permitted in terms of the Schedule at Exhibit C.

The Interim Application is allowed in terms of prayer clauses (a) to (c) which read thus :

(a) That this Hon'ble Court be pleased to direct the correct name of the Auction Purchaser i.e. Anju Premises Co-operative Society Ltd. to be brought on record in the plaint, other pleadings of the Suit as well as on the Sale Certificate issued in favour of the Auction Purchasers.

(b) This Hon'ble Court be pleased to permit the Applicant to amend the above Suit and proceedings as per the Schedule annexed as Exhibit – C and also to carry out consequential amendments to bring on record the correct name of the Auction Purchaser viz. Anju Premises Co-operative Society Ltd., wherever necessary in the above Suit and other records.

(c) This Hon'ble Court be pleased to re-issue Commissioner Certificate in the correct name of the Auction Purchaser viz. Anju Premises Cooperative Society Ltd.

The Interim Application accordingly stands allowed and disposed

as above.

(ABHAY AHUJA, J.)

ARTI VILAS KHATATE

avk 2/2

Digitally signed by ARTI VILAS KHATATE Date: 2026.03.18 16:41:58 +0530