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Bombay High Court

SAMBHARAO KAUTIKA HOLPADE AND ORS.versusGANGADHAR S/O. NARYAN NAGARE AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the extension of time to amend the names of respondents No. 2 to 6.

Summary

The respondent insurance company had filed a first appeal against a judgment and award of a MAC tribunal, which was later withdrawn on 23 March 2026. Before the withdrawal, the original respondents in that appeal were allowed to amend the names of respondents No. 2 to 6 by an order dated 20 January 2026 in Civil Application No. 13387 of 2022, but they failed to complete the amendment within the prescribed time. The present application was filed seeking an extension of time to effect the amendment. The Court examined the reasons provided in the application and found them satisfactory. Consequently, the Court granted the extension of time as prayed for in clauses (B) and (C) of the application and disposed of the matter accordingly.

Issues considered

  • Whether the Court may grant an extension of time for amendment of parties after the prescribed period has expired

Subjects

  • extension of time
  • amendment of parties
  • civil procedure
  • high court
  • withdrawn appeal

Judgment

2026:BHC-AUG:37126


                          IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     BENCH AT AURANGABAD

                                917 CIVIL APPLICATION NO. 9366 OF 2026
                                             IN FA/762/2013

                           SAMBHARAO KAUTIKA HOLPADE AND OTHERS.
                                                 VERSUS
                       GANGADHAR S/O. NARYAN NAGARE AND ANOTHER.
                                                    ...
                 Advocate for Applicant : Mr. P. S. Agrawal
                                                    ...

                                                CORAM : ABHAY S. WAGHWASE, J.
                                                  Dated : 19 August, 2026
                 PER COURT :-


                 1.    The First Appeal preferred by the respondent insurance
                 company challenging the judgment and award passed by learned
                 Member, M.A.C.T., Basmathnagar in M.A.C.P. No. 60 of 2009          has
                 been disposed off as withdrawn by order dated 23.03.2026. It is now
                 submitted that, prior to disposal of the First Appeal, the applicants-
                 original respondents in the First Appeal were permitted to carry out
                 amendment in the names of respondent nos. 2 to 6 by order dated
                 20.01.2026 passed in Civil Application No. 13387 of 2022. However,
                 such amendment could not be carried out within time. The instant
                 application is filed seeking exention of time to carry out amendment.


                 2.    For the reasons mentioned in the application, the same is
                 allowed in terms of prayer clauses (B) and (C), and disposed off
                 accordingly.


                                                          (ABHAY S. WAGHWASE, J.)



                 vre


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