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Order Details: Order on Exhibit
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CNR NO.MHSCA-30001102021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.27
IN
R.A.D. SUIT NO. 61 OF 2021
1. Mr. Vasant Baban Madane and anr. . . Plaintiffs.
Versus
1. Shree Chandraprabhu Jain Derasar Trust
and ors. . . Defendants.
Coram : A.S. Pandagle, Judge
C.R.No.37
Date : 22/11/2024.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of plaintiffs for
amendment in plaint. By filing present application it is contended
that in this suit defendants filed their written statement and in their
written statement the constituted attorney of the defendants Rajesh
Baboolal Sanghvi stated that, “Defendant Nos.3 to 8 and defendant
No.10 are no longer the current trustees of the defendant No.1 and
hence this suit suffers from mis-joinder of parties”. In the written
statement the defendants were not stated names of newly appointed
trustees, therefore the advocate for the plaintiffs addressed a letter to
the Trust to disclose the names of newly trustees. Thereafter the
defendants sent the list of trustees to the advocate for the plaintiffs,
therefore it is necessary to amend the title of the plaint by adding
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newly appointed trustees in place of previous trustees, except the
name of defendant No.2. Therefore submitted that application may
be allowed and plaintiffs may be permitted to amend the plaint as
per Schedule-A annexed alongwith this application.
4. On the other hand, defendants by filing reply resisted
the application and contended that in the Schedule-A annexed with
the application of the plaintiffs, in the said Schedule there is name of
one of the trustee Mr. Lalchand Bhabutmal Jain recently died on
4/4/2024, therefore submitted that plaintiffs should delete the name
of Mr. Lalchand Bhabutmal Jain as mentioned in present application
of the plaintiffs.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings, by way of this application plaintiffs seeking relief
of amendment in the plaint. By way of this application plaintiffs
seeking relief to insert or add newly appointed trustees in place of
previous trustees in the plaint. Considering the nature of amendment
and considering this subsequent event of change and appointment of
new trustees, if the present application is allowed, no harm or
prejudice will be caused to the defendants. It appears from reply
filed by defendants that the name of one of the trustee is Mr.
Lalchand Bhabutmal Jain is shown in Schedule-A, who is expired on
4/4/2024. The defendants in their reply submitted the current list of
trustees in para 6 of their reply. Therefore, I proceed to pass
following order.
ORDER
1. Application is allowed.
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2. Plaintiffs are permitted to carry out proposed
amendment as per the current list of trustees
provided by the defendants in para 6 of their
reply, within stipulated time.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 22/11/2024. Judge, C.R.No.37.
.
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