ATLANTA LIMITED Vs. ANIL R. AGARWAL

JUDGEMENT

(1.) Heard Mr. Vashi, learned Senior Advocate for Applicants in Interim Applications and for Plaintiff in Suit; Mr. Madon, learned Senior Advocate for Respondent Nos. 1(a) to 1(c) in IA/589/2019 and for proposed Defendant No. 29 in IA/2761/2022 and Ms. Bhiungade, learned Advocate for proposed Defendant Nos.11(a) to 11(d), 14(a) to 14(f) and 22(a) to 22(b).

(2.) Interim Application No. 589 of 2019 and Interim Application (L) No. 36100 of 2022 are decided by this judgement. Original Suit is Suit No. 175 of 2013. Both Interim Applications are filed in the said Suit proceedings.

(3.) Interim Application No. 589 of 2019 is filed by the original Plaintiff Atlanta Ltd for amendment to the original Suit proceedings and deletion of the name of the Defendant Nos. 1, 11, 14 and 22 on account of their demise in the interregnum and to bring their legal heirs and legal representatives on record of the suit proceedings. This Interim Application is strongly opposed to on various grounds, which shall be adverted to later, by the proposed legal heirs of original Defendant No. 1 viz. proposed Defendant No. 1(a), 1(b) and 1(c). They are represented by Mr. Madon, learned Senior Advocate. In so far as the proposed legal heirs of original Defendant No. 11, 14 and 22 are concerned, there is no opposition. In addition to the above, one consequential amendment is sought for by the original Plaintiff to add the word 'Original' before Defendant Nos. 1, 11, 14 and 22 wherever it occurs in the plaint.