Bombay High Court
JYOTI D THAKKAR AND 3 ORSversusNANDBALA NATHALA MAYANI 5 ORS
- Decided
- Disposal
- DISPOSED OFF
Holding
The court permitted the filing of a fresh vakalatnama and upheld the electronic service of notice, staying the proceedings until 17 September 2026.
Summary
In an execution proceeding, the claimant Nandbala Nathala Mayani died, prompting the applicants to seek permission to bring the legal representatives before the court. The applicants intend to file a fresh vakalatnama to cure defects in the previously digitally signed one. The court noted that notice to Respondent No.4 was effected via WhatsApp and email and directed that an affidavit be filed on that basis. It also observed that Respondent No.3, Rasila Mayani, had died. The judge ordered that the applicants may file the fresh vakalatnama within a week and adjourned the matter to 17 September 2026.
Issues considered
- Whether the applicants may be allowed to file a fresh vakalatnama to represent the deceased claimant
- Whether service of notice via electronic means (WhatsApp and email) is sufficient
Subjects
- execution
- interim application
- legal representatives
- vakalatnama
- electronic service
- stay of proceedings
Judgment
59 Ia-2436-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2436 OF 2024
IN
EXECUTION APPLICATION NO. 530 OF 2011
Jyoti D Thakkar And 3 Ors ...Applicants
Vs.
Nandbala Nathala Mayani 5 Ors. ...Respondents
*****
Adv. Vidhi Mehta i/by Advocate for the Applicants
Adv. Hemal Ganatra
Adv. Jesal Shah Advocate for the Respondent No. 1
*****
CORAM : S. M. MODAK, J.
DATE : 27th AUGUST 2026
P. C. :-
1. Heard both the sides.
2. The Claimant Nandbala Nathala Mayani has expired. Interim
Application No. 2436 of 2024 is for bringing legal representatives.
Learned Advocate intends to file fresh vakalatnama for the legal
representatives thereby removing certain defects in the earlier
Digitally
signed by
vakalatnama. She can do so within one week.
SEEMA
SEEMA KSHITIJ
KSHITIJ YELKAR
YELKAR Date:
2026.08.28
16:43:08
+0530
Seema 1/2
59 Ia-2436-2024.doc
3. The notice about service on Respondent No. 4 is effected
through WhatsApp and email. Affidavit be filed. Whereas Respondent
No. 3-Rasila Mayani has expired. They want to take certain steps.
4. Stand over to 17th September 2026.
[S. M. MODAK, J.]
Seema 2/2
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