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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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