Bombay High Court

CAR MART PRIVATE LTDversusKAMAL MOHANLAL KAPUR AND ANR

Decided: 14 August 2026
Disposal: Disposed Off

Holding

The writ petition is disposed of, with the substantive questions to be decided by the trial court.

Summary

The petitioner, Car Mart Private Limited, challenged the trial court's allowance of an amendment application without the Transfer Deed dated 21 March 2023 being placed on record. The petitioner argued that the deed, being a crucial piece of evidence, should have been filed by the respondents before any amendment could be entertained. The court observed that the Transfer Deed is indeed evidence and noted that it has now been produced before the court. The respondents were permitted to file a reply, which was taken on record. The court declined to decide the substantive issues and disposed of the writ petition, leaving the matters to be determined by the trial court.

Issues considered

The Transfer Deed dated 21 March 2023 was not placed on record prior to the amendment application.
Whether the amendment application should be allowed in the absence of the Transfer Deed.

Subjects

Transfer Deed
Amendment Application
Writ Petition
Evidence
Trial Court

Judgment

Gitalaxmi                                           3-WP-17813-2024.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


                  WRIT PETITION NO. 17813 OF 2024

CAR MART PRIVATE LIMITED                          ...PETITIONER

                       Versus

KAMAL MOHANLAL KAPUR AND ANOTHER                  ...RESPONDENTS


     Mr. Vishal Kanade a/w Mr. Chirag Dave & Mr. Shubham
     Kalbere i/b Legasis Partners, Advocates for the Petitioner.

     Mr. Ankur Shah, Counsel a/w Mr. Akshay Udeshi & Mr. Akshat
     Tiwari i/b AU Legal, Advocates for Respondent Nos. 1 & 2.



                                CORAM     : ARUN R. PEDNEKER, J.

                                DATE      : 14th AUGUST, 2026.

Per Court :
1.          Learned counsel appearing for the Petitioner submits that
the Transfer Deed dated 21st March, 2023 was not placed on record
and thus, the Application for amendment without the basic
document should not have been allowed.

2.          The Transfer Deed is a matter of evidence, and the same
has to be filed by the Respondents herein before the learned Trial

                                 Page 1 of 2
                            14th AUGUST, 2026
Gitalaxmi                                            3-WP-17813-2024.docx



Court.      The Transfer Deed has been presented today before this
Court.

3.          Learned counsel appearing for Respondent Nos. 1 and 2
requests to file reply on record. Reply of the Respondents is taken on
record.

4.          Leaving all the questions open to be established before the
learned Trial Court, Writ Petition No. 17813 of 2024 is disposed of.




                                             [ ARUN R. PEDNEKER, J.]

               GITALAXMI
               KRISHNA
               KOTAWADEKAR
               Digitally signed by
               GITALAXMI KRISHNA
               KOTAWADEKAR
               Date: 2026.08.18
               15:00:25 +0530




                                   Page 2 of 2
                              14th AUGUST, 2026

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