1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2568 OF 2009 IN WRIT PETITION NO.2748 OF 2004 ALONGWITH CIVIL APPLICATION NO.2572 OF 2009 IN WRIT PETITION NO.2748 OF 2004 ALONGWITH CIVIL APPLICATION NO.609 OF 2009 IN WRIT PETITION NO.2748 OF 2004 ALONGWITH CIVIL APPLICATION NO.610 OF 2009 IN WRIT PETITION NO.2748 OF 2004 Impex (India) Ltd. .. Applicant (In all applications) versus Mr.Dinshah Jal Daruwala & Ors. .. Respondents (In all applications) Mr.A.A.Kumbhakoni a/w Ms.Gitanjali Prabhu Nagma Shaikh and Ms.Pooja Karadia i/by Vigil Juris for the applicant in all applications. Mr.M.S.Karnik for respondent No.1A in all applications. Smt.Leena Patil for respondent Nos.1B,2A, 2B and 2C in all applications. CORAM : A.S.OKA, J. DATE : 25th January 2010. P.C: . Heard learned counsel appearing for the applicant and learned counsel 2 appearing for the respondents. Civil Application No.609 of 2009 has been filed by the applicant (petitioner in the writ petition) for bringing on record the name of the respondent No.2a therein in its capacity as assignee of the 2nd respondent. Civil Application No.610 of 2009 has been filed by the applicant (petitioner in the writ petition) for bringing on record the respondent No.1a as the assignee of the 1st respondent. Civil Application No.2568 of 2009 has been filed by the applicant for bringing on record the legal representative of the 1st respondent in the writ petition and Civil Application No.2572 of 2009 has been filed for bringing on record the legal representative of the 2nd respondent in the writ petition. 2. The 1st respondent died on 3rd July 2005. The 2nd respondent died on 8th November 2007. By a letter dated 7th April 2008 the advocate representing the deceased respondents communicated to the advocate on record for the applicant about the demise of the said respondents. 3. The case of the applicant is that there was an assignment executed on 19th March 2001 by the original respondents in favour of third parties. Reliance has been placed on letter dated 20th June 2008 send by the advocate representing the original respondents enclosing therewith a copy of Deed of Assignment. 4. The opposition of the respondents is to prayer for condonation of delay on the ground that the delay has not been explained. However, there is no dispute about the fact that there is an assignment as contended by the applicant under the Deed dated 19th March 2001. 3 5. It must be noted here that Civil Application Nos.609 and 610 of 2009 were filed by the applicant on 6th March 2009. In the application there is an averment that copy of Deed of Assignment was received by the applicant alongwith letter dated 20th June 2008. In Civil Application Nos.2568 and 2572 of 2009 there are averments made explaining the delay in making an application for bringing the names of the legal representatives on record. It is pointed out that the applicant was not aware of the names of the legal representatives. When called upon, the advocates representing the original respondents expressed inability by letter dated 20th February 2009 to furnish the names of legal representatives of the deceased respondents. In paragraph 11 of Civil Application Nos.2568 and 2572 of 2009, the applicant has stated as to how the applicant obtained names of the legal representatives. 6. As stated earlier, the assignment made in favour of the assignees who are sought to be impleaded as parties is not disputed. There is sufficient explanation for delay. In the circumstances, a case is made out for condonation of delay. The applicant will have to pay costs. The costs payable to respondents in Civil Application No.2568 of 2009 is quantified at Rs.5,000/- per respondent. No separate costs will be payable in other civil applications. 7. Hence, I pass the following order: : O R D E R : C.A.NO.2568-09 (a) Rule is made absolute in terms of prayer clauses (b) to (d). 4 (b) Amendment to be carried out within four weeks. (c) The applicant will pay costs of Rs.5000/- to respondent Nos.1A, 1B, 2A, 2B and 2C each within a period of four weeks from today. C.A.NO.2572-09 (a) Rule is made absolute in terms of prayer clauses (b) to (d). (b) Amendment to be carried out within four weeks. C.A.NO.609-09 AND C.A.NO.610-09 (a) Rule is made absolute in terms of prayer clauses (a) and (b). (b) Amendment to be carried out within four weeks. (A.S.OKA,J)