Dimple Rajendra Mehta vs Dorab Furdoon Seervai — Bombay HC (2026) — LawSathi Research

Dimple Rajendra Mehta vs Dorab Furdoon Seervai — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Amendment of Interim Application No. 2044 of 2025 allowed in terms of the revised schedule: deletion of the name of the deceased original defendant (Dorab Furdoon Seervai) and addition of his legal heirs/legal representatives with consequential amendments to the Suit; amendments to be carried out within two weeks; amended application/proceedings to be served on the Respondents with an Affidavit of service by the next date. All other Interim Applications and Notice of Motion No. 1018 of 2016 listed on 5th March 2026, with replies and rejoinders to be exchanged by the next date.

Issue for consideration

Whether the Court would permit replacement of the schedule of amendments (which contained typographical errors) by a fresh schedule tendered across the bar, and permit the amendment of Interim Application No. 2044 of 2025 in terms thereof. +1 more

Court's answer

The Court permitted the Interim Application to be amended in terms of the revised (fresh) schedule tendered across the bar within a period of two weeks, the other learned Counsel having no objection, and treated the draft amendments tendered that day as part of the amendments permitted on 19th December 2025.

Ratio / Principle

In view of the other learned Counsel's submission that the Interim Application could be allowed after the amendments, the Court allowed the Interim Application and directed that the amendments be carried out within two weeks in terms of prayer clauses (a) and (b), i.e., deletion of the name of the deceased original defendant Dorab Furdoon Seervai and addition of his legal heirs/representatives with consequential amendments to the Suit as per the Schedule.

Key takeaways

Interim Application No. 2044 of 2025 was accordingly allowed and stood disposed, with the amended proceedings to be served upon the Respondents and an appropriate Affidavit of service to be filed by the next date.ratio¶¶55

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Abhay Ahuja, J. — Interim Application No. 2044 of 2025 in Suit No. 1257 of 2007 (Girish Nautamlal Jani v. Dorab Furdoon Servai; applicant Ms. Dimple Rajendra Mehta). Pursuant to the order dated 19th December 2025 permitting amendment, the applicant sought replacement of the schedule of amendments owing to typographical errors. The other learned Counsel raised no objection and submitted that the Interim Application could be allowed after the amendments. The Court permitted substitution of the fresh schedule tendered across the bar, treated the draft amendments tendered that day as part of the amendments permitted on 19th December 2025, and allowed the Interim Application: the name of the deceased original defendant, Dorab Furdoon Seervai, is to be deleted and his legal heirs/representatives added with consequential amendments, to be carried out within two weeks, with service on the Respondents and an Affidavit of service by the next date. The other Interim Applications and Notice of Motion No. 1018 of 2016 were listed on 5th March 2026, replies and rejoinders to be exchanged by the next date.

31-IA-2044-2025 @ CONNECTED APPLICATIONS.doc

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

INTERIM APPLICATION NO. 2044 OF 2025 IN

SUIT NO. 1257 OF 2007

MS.DIMPLE RAJENDRA MEHTA

)…APPLICANT

IN THE MATTER BETWEEN

GIRISH NAUTAMLAL JANI

)…PLAINTIFF

V/s.

MR. DORAB FURDOON SERVAI )...DEFENDANT

WITH

SUIT NO. 1257 OF 2007 WITH

INTERIM APPLICATION NO. 232 OF 2023

IN

SUIT NO. 1257 OF 2007 WITH

INTERIM APPLICATION NO. 2209 OF 2021

IN

SUIT NO. 1257 OF 2007

WITH INTERIM APPLICATION NO. 2489 OF 2021

IN

SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO. 3081 OF 2021

IN

SUIT NO. 1257 OF 2007

WITH

INTERIM APPLICATION NO.495 OF 2022

IN

SUIT NO. 1257 OF 2007

WITH

ARTI VILAS KHATATE

INTERIM APPLICATION NO. 4091 OF 2022 IN

SUIT NO. 1257 OF 2007

Digitally signed by ARTI VILAS KHATATE Date: 2026.01.23 10:57:14 +0530

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31-IA-2044-2025 @ CONNECTED APPLICATIONS.doc

WITH NOTICE OF MOTION NO. 1018 OF 2016 IN

Mr.Anuuj Narula a/w. Mr.Sayeed Mulani and Mr.Tushar Agarwal i/by Mulani & Co., Advocate for the Applicant in IA/2044/2024.

Ms.Kirtida Chandara i/by M. Humranwala, Advocate for the Executors of the Defendant no.1(a).

Ms.Khusbhu Prabhu, Advocate for the Applicant in IA/232/2023. Mr.Ankit Lohia a/w. Ms.Rajshree Dhole i/by Samatva Legal Associates, Advocate for the Applicant in IAL/2096/2026.

P.C. :

Pursuant to order dated 19^th December 2025 this Court had permitted amendment in terms of the draft amendments which was tendered across the bar by Mr.Anuuj Narula, learned Counsel, appearing for the Applicant.

Today, when the matter is called out, Mr.Narula submits that there were certain typographical errors that had crept in to the schedule and that this Court may permit replacement of the schedule by a fresh schedule which he tenders across the bar and permit the amendment in terms of the said draft.

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31-IA-2044-2025 @ CONNECTED APPLICATIONS.doc

The other learned Counsel appearing in the matter have no objection.

Let the Interim Application be amended in terms of the revised schedule tendered across the bar within a period of two weeks and the amended application be served upon the Respondents and an appropriate Affidavit of service be filed by the next date.

Just when this order is passed, the other learned Counsel appearing in the matter submit that the Interim Application can be allowed after the amendments.

In view of the aforesaid, let the draft amendments tendered today be treated as part of the amendments permitted on 19^th December 2025 and let the Interim Application be allowed.

Let the amendments as per the said application be carried out within a period of two weeks in terms of prayer clauses (a) and (b) which read thus :

“(a) This Hon'ble Court be pleased to allow Applicant to delete the name of Original Defendant i.e. Dorab Furdoon Seervai on account of his death.

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31-IA-2044-2025 @ CONNECTED APPLICATIONS.doc

(b) This Hon'ble Court be pleased to allow Applicant to add the legal heirs / representatives of the deceased Mr.Dorab Furdoon and to do all consequential amendments in the said Suit as per the Schedule.”

Let the amendments as above be carried out within a period of two weeks and the amended proceedings be served upon the Respondents and an appropriate Affidavit of service be filed by the next date.

The Interim Application No.2044 of 2025 is accordingly allowed and stands disposed.

List all the other Interim Applications on 5^th March 2026 .

Let replies and rejoinders to the other Interim Applications / Notice of Motion be exchanged by the next date.

(ABHAY AHUJA, J.)

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