Advocates:
['Joshi Prabhakar K', 'COPY SERVED ON STANDING COUNSEL', '', 'COPY SERVED ON OTHER SIDE STATEMENT MADE BY ADV ON PRESENTATION FORM', 'HEMANT SURVE', 'ADV']

CA5133-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO. 5133 OF 2022

IN

WRIT PETITION NO. 6829 OF 2008

M/s Pankaj Industries,

Through its Proprietor,

Pankaj s/o Radheshyam Agrawal

... Applicant

VERSUS

The Union of India and others

... Respondents

Mr. M. C. Ghode h/for Mr. P. K. Joshi, Advocate for the applicant,

Mr. Hemant Survey, Advocate for respondent No.4.

Mr. Dwarkadas S. Ladda a/w Mr.Pratik Kothari for respondent No.2

CORAM

:

MANGESH S. PATIL &

Y. G. KHOBRAGADE, JJ.

DATE

: 22.12.2022

ORDER ( Per Y. G. Khobragade, J.):

1.

Legal heir of Shri Radheshyam Ratanlal Agrawal, sole

proprietor of the petitioner firm has filed the present application and

prays as under:

"(B) The delay of 2108 days, which has been caused for

bringing the legal-heirs of late Shri Radheshyam Ratanlal

Agrawal Prop. of M/s Pankaj Industries, kindly be

condoned in the interest of justice.

(C) The applicant kindly be allowed/permitted to bring the

legal heir of late Shri Radheshyam Ratanlal Agrawal being

proprietor of M/s Pankaj Industries, Plot No.B-6/7, Old

MIDC Area, Jalna, Tq. &Dist. Jalna, by deleting earlier

Page 1 of 11

CA5133-22

name of the proprietor of M/s Pankaj Industries, in the

interest of justice.

(D) The applicant kindly be allowed and permitted to contest

the Writ Petition No. 6829/2008 pending before this

Hon'

ble Court for protecting the interest of the applicant/

petitioner involved in petition, in the interest of justice."

2.

Mr. P. K. Joshi, the learned learned counsel appearing for the

applicant submitted that the petitioner firm, through its proprietor Shri

Radheshyam Ratanlal Agrawal, filed the present petition for quashing

and setting aside order dated 08.10.2018 passed by respondent No.2-

the Commissioner, Central Excise and Customs whereby, representation

of the petitioner dated 17.06.2018 for staying the auction proceeding

came to be rejected. However, during pendency of the present petition,

the sole proprietor Shri Radheshyam Ratanlal Agrawal died on

03.03.2015 leaving behind him as legal heir. The present applicant

filed a proceeding before the learned Civil Judge, Senior Division,

Aurangabad for issuance of legal heir-ship certificate and on

21.10.2015, the legal heir-ship certificate was granted by the learned

Civil Judge, Senior Division, Aurangabad whereby the present

applicant- Pankaj Radheshyam Agrawal is declared as legal heir of the

deceased Shri Radheshyam Ratanlal Agrawal in respect of the

properties including the property which is involved in the present

petition. Therefore, by virtue of legal heir-ship certificate, the present

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CA5133-22

applicant -Pankaj Radheshyam Agrawal is the owner and proprietor of

petitioner firm M/s Pankaj Industries. Since the cause of action in the

present petition survives, the applicant, being proprietor of the

petitioner firm, inter alia prays for coming on record as legal heir of

deceased sole proprietor of M/s Pankaj Industries on record to contest

the petition in place of his father.

3.

The learned counsel appearing for the applicant submitted

that the father of the present applicant had filed petition in the name of

M/s Pankaj Industries as a Proprietor, however, he died on 03.03.2015.

The applicant was not aware about the pendency of the present petition

which was prosecuted by his father during his life time. Neither his

father nor counsel of his father intimated the fact of pendency of the

present petition and the petition is pending since long and there was

no occasion for the applicant to contact the counsel even after obtaining

the legal heir-ship certificate. The legal heir of sole Propr