Bombay High Court
M/S.INDUSTRIAL ELECTRONICSversusTHE MUNICIPAL CORPN.OF THE CITY OF PUNE
- Decided
- Disposal
- Allowed
Holding
The court held that, on showing sufficient cause, it may condone delay and allow amendment of the cause title to substitute the deceased partner’s name with the present partner’s name.
Summary
M/s Industrial Electronics, originally a respondent, filed an interim application seeking to amend the cause title of Writ Petition No. 5245 of 2001 by deleting the name of a deceased partner and substituting the name of the current partner. The Municipal Corporation of Pune, the petitioner, opposed the amendment. The court examined the applicant’s averments and noted that the present partner had come forward to have his name entered on record. Finding sufficient cause to condone the delay in filing the amendment, the court allowed the application. The petitioner was directed to effect the amendment within one week and the writ petition was scheduled for disposal on 13 October 2026.
Issues considered
- Whether the court may condone delay in filing an amendment application to the cause title
- Whether amendment of the cause title to replace a deceased partner’s name with the current partner’s name is permissible
Subjects
- amendment of cause title
- condonation of delay
- interim application
- civil procedure
- partnership
Judgment
14.as.wp.5245.2001.doc
Digitally
signed by
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date: IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2026.09.22
16:24:07 CIVIL APPELLATE JURISDICTION
+0530
INTERIM APPLICATION NO.7182 OF 2026
IN
WRIT PETITION NO. 5245 OF 2001
M/s. Industrial Electronics … Applicant
In the matter between
The Municipal Corpn. Of the City of Pune … Petitioner
Versus
M/s. Industrial Electronics … Respondents
***
Mr. Neville D. Deboo i/b. Mr. Rajesh Kothari for the
Applicant/original Respondent.
Mr. Abhishek Roy i/b. Mr. A. P. Kulkarni for the Respondent /
original/Petitioner.
***
CORAM : M.M. SATHAYE, J.
DATE : 22 SEPTEMBER, 2026
P.C. :
1. Heard the learned Counsel for the Applicant and the learned
Counsel for the original Petitioner – Municipal Corporation.
2. The Application is filed for seeking amendment in the cause
title of the Writ Petition as shows in Schedule – A. The proposed
amendment is to delete the name of the partner of Respondent, who
has died and substituting the name of the present partner.
3. Considering the averments made in the Application and further
considering the fact that the present partner of Respondent – Firm
has come forward for bringing his name on record, sufficient cause is
Vina Khadpe 1
14.as.wp.5245.2001.doc
made out for condoning the delay in filing the Application.
4. Application is allowed and disposed of. The Petitioner is
permitted and directed to carry out the amendment as per the
Schedule. Amendment to be carried out within a period of one week
from today.
5. Place the writ petition for disposal on 13.10.2026 after
urgent/circulated matters.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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