Aziz Ali Mohammed Chotani v. the Official Assignee of Bombay
Case brief
What is this about?
Substitution of legal heirs of deceased defendants by amendment of plaint; Suit No. 208 of 1950; Aziz Ali Mohammed Chotani v. The Official Assignee of Bombay; IA 1838/2025 re Original Defendant No. 9 Mohammed Ismail Alimohammed Chotani (d. 21.03.2020); IA 1661/2025 re Original Defendant No. 3 Abdul Hamid Ebrahim Chotani (d. 17.07.2024); prayer clauses (a) and (b) allowed; amendment deadline 17.01.2026; re-verification dispensed with; Court Commissioner Report dated 10.12.2025 listed for hearing on 30.01.2026; Bombay High Court OOCJ; Farhan P. Dubash, J.; interim application order 2026.
What did the court decide?
Both Interim Applications (No. 1838 of 2025 and No. 1661 of 2025) allowed in terms of Prayer Clauses (a) and (b); the Applicant, Aziz Ali Mohammed Chotani, permitted to amend Suit No. 208 of 1950 in terms of the Schedules annexed to the respective applications so as to bring on record the legal heirs and representatives of deceased Original Defendant No. 9 and Original Defendant No. 3; amendment by 17 January 2026 with re-verification dispensed with; amended suit to be served by 23 January 2026 and Affidavit-of-service by 27 January 2026; Court Commissioner Report dated 10 December 2025 to be heard on 30 January 2026; matter stood over to 30 January 2026 at 03:00 pm.