Bombay High Court

ALPHAGAM COATING SOLUTIONS PVT. LTD. THR. ITS AUTH. REPRESENTATIVE ANIL NAIRversusDAMODAR SHRIKRISHNA THAKUR AND 5 ORS

Disposal: Disposed of

Holding

The application is allowed, the cause title shall be amended to include the deceased respondent’s legal representatives, and the service objection is deemed waived.

Summary

The applicant, Alphagam Coating Solutions Pvt. Ltd., filed a miscellaneous civil application seeking amendment of the cause title to include the legal representatives of a deceased respondent and a waiver of service. The only objection raised was that the copy of the application had not been served on the respondents represented by Mr. Parag Rao, which the court deemed waived. The court allowed the application, directing that the cause title be amended accordingly and that the respondents’ legal representatives be brought on record. Mr. Rao waived service of process and agreed to file a Vakalatnama within two weeks. Additionally, the court disposed of Misc. Civil Application No.306/2026 (F).

Issues considered

Whether the objection to non‑service of the application can be waived
Whether the cause title may be amended to include the legal representatives of a deceased respondent
Whether service of process can be waived by a respondent

Subjects

Procedural law
Service of process
Amendment of cause title
Waiver of service
Miscellaneous civil application

Judgment

                            10-MCA-551-2026.DOC




Suchitra



            IN THE HIGH COURT OF BOMBAY AT GOA

                MISC. CIVIL APPLICATION NO.551/2026
                                 IN
                  APPEAL FROM ORDER NO.29/2024



 ALPHAGAM COATING
 SOLUTIONS PVT. LTD.
 THR. ITS AUTH. REPRESENTATIVE
 ANIL NAIR                                          … APPLICANT

       Versus

 DAMODAR SHRIKRISHNA
 THAKUR AND 5 ORS.                                  … RESPONDENTS

 Ms Samiksha Vaigankar, Advocate for the Applicant.

 Mr Parag Rao and Mr Akhil Parrikar, Advocates for Respondent
 No.1 and LRs of Respondent No.2.

 Mr Siddharth Sardessai, Advocate for Respondent Nos.4, 5 and 6.

                    CORAM:            VALMIKI MENEZES, J.

                    DATED:            10th SEPTEMBER 2026

 P.C. :

1.         Since the only oice objection raised is that the copy has
not been served on the Respondents represented by Mr Rao, the
oice objection stands waived.            he Registry to register the
application.


2.         In view of the contents of the application and no objection
given by the Respondents, the same is allowed.              he legal

                                    Page 1 of 2
                              10th September 2026
                                                          10-MCA-551-2026.DOC




                                  representatives of the deceased Respondent No.2 shall be brought
                                  on record by appropriately amending the cause title and
                                  incorporating their names.       Amendment to be carried out
                                  forthwith. Mr Rao waives service for the said legal representatives
                                  and will ile Vakalatnama within two weeks from today.


                                  3.    Misc. Civil Application No.306/2026 (F) stands disposed
                                  of.


                                                                          VALMIKI MENEZES, J.




Signed by: SUCHITRA NANDAN                                        Page 2 of 2
SINGBAL                                                     10th September 2026
Designation: Personal Assistant
Date: 10/09/2026 15:11:11

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