Bombay High Court
KUMAR AGRO PRODUCTS PRIVATE LIMITEDversusDR. MRS. R. THEMURAS UNWALLA (SINCE DECEASED) THR. LRS. L. R. A ZARINE DADI PALKHIWALA AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- MILIND N JADHAV
Holding
A transferee company may be substituted as plaintiff, and the earlier order is set aside with directions for amendment of the cause title.
Summary
The appellant, Kumar Agro Products Pvt Ltd, sought substitution of the original plaintiff, Bhavani Peth Properties and Estate Pvt Ltd, with itself as the transferee company following a scheme of amalgamation. The trial court had earlier passed an order on 21 June 2019, which the appellant challenged by filing an appeal. The High Court, after considering an additional affidavit filed on 25 April 2026, set aside the impugned order and directed that the appellant be impleaded and substituted in place of the original plaintiff. The court ordered the trial court to amend the cause title within two weeks, dispensing with reverification, and emphasized that the substitution would not prejudice the defendants' rights. All substantive contentions of the parties were kept open, and the appeal was disposed.
Issues considered
- Whether a transferee company can be substituted as the plaintiff in an ongoing suit under the applicable law
- Whether the appellate court may set aside the earlier order and direct amendment of the cause title
Subjects
- substitution of plaintiff
- transfer of rights
- amalgamation
- civil procedure
- appeal
Judgment
13. CIVIL AO-235-2026.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 235 OF 2026
Kumar Agro Products Pvt Ltd Appellant /
Applicant
.. (Org. Intervener)
Versus
Dr. Mrs. R. Themuras Unwalla
(since deceased) through L.R.
Zarine Dadi Palkhiwala & Ors. .. Respondents
....................
Dr. Abhinav Chandrachud a/w Mr. Vinayak Chitale & Ms. Riya Patil
i/by M/s. Parinam Law Associates, Advocates for Appellant
Mr. Shailendra S. Kantekar a/w Mr. R.M. Gogte, Advocates for
Respondents
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 28, 2026
P. C.:
1. Heard Dr. Chandrachud, learned Advocate for Appellant and Mr.
Kanetkar, learned Advocate for Respondents
2. In view of the additional affidavit dated 25.04.2026 filed by
Petitioner before me, the impugned order dated 21.06.2019 stands set
aside with a direction to alow impleadment of Applicant – Company
which is a transferree company to be impleaded and substituted in
place of the Plaintiff.
3. Dr. Chandrachud has placed before me a copy of the Scheme of
Amalgamation and the order which is appended to the A.O. and as per
paragraph No. 6 of the said order dated 15.04.2011 passed by this
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13. CIVIL AO-235-2026.odt
Court, the aforesaid change is necessitated and is required to be
allowed in accordance with law. In that view of the matter, original
name of Plaintiff – M/s. Bhavani Peth Properties and Estate Pvt. Ltd.
will stand substituted with M/s. Kumar Agro Products Pvt. Ltd. which
is the transferee company. Amendment to that effect will be allowed
to be carried out by the Trial Court within a period of two weeks from
today. Reverification stands dispensed with. Fresh amended cause
title shall be served on the Defendants by Advocate for Plaitiff.
Needless to state that all contentions of parties are expressly kept open
and said change of the name shall not affect and prejudice the
Defendants' rights before the Trial Court.
4. With the above directions, impugned order dated 21.06.2019 is
set aside. The Application for seeking change of name stands allowed
by virtue of this order. All contentions of the parties in the suit
proceedings are expressly kept open.
5. Appeal from Order is disposed. Pending Interim Application, if
any, is disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.04.28
18:18:39 +0530
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