Bombay High Court

MR. PRADEEP VAKILversusTHE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION AND ORS

Decided: 8 January 2026
Disposal: Disposed Off
Bench: ARIF S DOCTOR

Holding

The Court held that amendment of the appeal to change the name of a respondent is permissible and cannot be opposed in the absence of any substantive objection.

Summary

The appellant, Pradeep Vakil, filed several interim applications seeking to amend three first appeals by changing the name of Respondent No. 3 (a company). The Court had earlier allowed the appellant to file an additional affidavit explaining the name change, and the respondents did not oppose the amendment. Counsel for the respondents indicated no intention to file a reply affidavit. The Court held that there was no ground to oppose the amendment and ordered that the amendments be effected within two weeks. Consequently, the interim applications were disposed of in favour of the appellant.

Issues considered

Whether a pending first appeal may be amended to change the name of a respondent.
Whether opposition is required to an interim application seeking such amendment.

Subjects

Amendment of pleadings
Interim application
Civil Procedure Code
Name change of party
High Court of Bombay

Judgment

                                      1/2               16-FA-275-2013 (C).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                         CIVIL APPELLATE JURISDICTION


                         FIRST APPEAL NO. 275 OF 2013


Mr. Pradeep Vakil                                         ...Appellant
        Versus
The Regional Director,
Employees State Insurance Corporation And Ors.            ...Respondents
                                     WITH
                    INTERIM APPLICATION NO. 6834 OF 2025
                                       IN
                         FIRST APPEAL NO. 275 OF 2013
                                     WITH
                         FIRST APPEAL NO. 276 OF 2013
                                     WITH
                    INTERIM APPLICATION NO. 6833 OF 2025
                                       IN
                         FIRST APPEAL NO. 276 OF 2013
                                     WITH
                         FIRST APPEAL NO. 277 OF 2013
                                     WITH
                    INTERIM APPLICATION NO. 6836 OF 2025
                                       IN
                         FIRST APPEAL NO. 277 OF 2013
                                   _______
Mr. Shailesh S. Pathak for Respondent Nos. 1 and 2.
Mr. Vishal Talsania a/w Ms. Nikita Vardhan, Ms. Vidyashree Perla i/b Kanga &
Company for the Appellant and Applicant in IA-6831/2025, 6833/2025 and
6836/2025.
                                   _______
                           CORAM       :      ARIF S. DOCTOR, J.
                           DATE        :      8th JANUARY, 2026




Areeb
                                          2/2                16-FA-275-2013 (C).DOC



P.C.


1.       All these Interim Applications are arising out of identical facts, by these

Interim Applications what is sought for is amendment of the respective First

Appeals in which they are filed, seeking to implead/change the name of

Respondent No.3-Company.

2.       Mr Talsania has pointed out that vide an Order dated 17 th June, 2025, this

Court had permitted the Appellants to file an Additional Affidavit to place on

record the facts leading up to the change of name of Respondent No. 3, which

necessitated the amendments, which are now sought to be made to the First

Appeal, there is no opposition to this.

3.       Learned counsel for the Respondent No.1 and 2 does not seek to file

Affidavit-in-Reply to oppose this Interim Application. In my view, there can be

no opposition to such an Application. Hence, Interim Applications are allowed in

terms of prayer clauses ‘a’ and ‘b’.

4.       The amendments to be carried out within a period of two weeks from

today.

5.       Interim Application Nos. 6833/2025, 6834/2025 and 6836/2025 are

accordingly disposed of.




                                                   [ARIF S. DOCTOR, J.]




Areeb

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