TECHTIX ENGINEERS Vs. MEGASTONE LOGIPARK PVT. LTD.

JUDGEMENT

(1.) At the outset, learned advocate Mr. Manish Patel appearing for respondent Nos. 1 & 3 pointed out that during the pendency of the present writ application, respondent No.2 died, who happens to be one of the Director of respondent No.1-Company.

(2.) As such there is no need to bring legal heirs of deceased - respondent No.2, inasmuch as, he being only director of the respondent No.1-company and during his life time, though respondent No.2 being served in the present proceeding, he never appeared and contested the matter. So, placing reliance upon the provisions of Order 22 rule 4(4) of CPC, this writ application can be proceeded on merit, in absence of his legal heirs.

(3.) Rule returnable forthwith. Learned advocate Mr. Manish Patel waives service of notice of rule on behalf of respondents No.1 & 3. Though served, none appeared on behalf of respondent No.4. With the consent of the parties, the matter is taken up for final hearing.