Praful Kanhaiyalal Talera v. Union Of India And ORS

Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 649 OF 2023 IN WRIT PETITION NO. 1149 OF 2023 Praful Kanhaiyalal Talera } Applicant/Petitioner versus Union of India & Ors.

} Respondents WITH PUBLIC INTEREST LITIGATION NO. 65 OF 2011 WITH CIVIL APPLICATION NO. 138 OF 2015 WITH CIVIL APPLICATION NO. 157 OF 2011 WITH CIVIL APPLICATION NO. 51 OF 2014 WITH PUBLIC INTEREST LITIGATION NO. 67 OF 2011 Mr. Praful Talera, applicant in-person in IA/649/2023. Mr. S. R. Nargolkar, Amicus Curiae, through VC. Mr. Mohamedali M. Chunawala with Mr. P. S. Gujar for respondent no. 1 (UoI).

Mr. Hubab Sayyed i/b. Vidhi Partners for respondent no. 5 (SEBI).

Ms. Shyamali Gadre i/b. Little & Co. for respondent (SASF) in PIL/65/2011.

Mr. Harjot Singh i/b. Raval Shah & Co. for respondent no. 10 in WP/1149/2023.

Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Mr. M. M. Pabale, AGP for State.

JAYANT VISHWANATH SALUNKE Ms. Vinita Hombalkar for proposed respondent no. 14 in IA/649/2023.

JAYANT VISHWANATH SALUNKE Date: 2023.11.30 17:28:18 +0530

Ms. Roop Bora with Ms. Heenal Madhure for proposed respondent no. 15 in IA/649/2023.

Mr. Vinod Joshi for respondent CAG.

Mr. Raufa Shaikh with Mr. Yuvraj Narvankar for respondent no. 13 (SASF).

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

30th NOVEMBER 2023 P.C.:

1.

This interim application (IA/649/2023) has been moved seeking leave of the Court to permit amendments in the writ petition.

2.

Learned counsel representing the proposed respondents have opposed the prayer by stating that having regard to the subject matter of the writ petition, no cause of action can be said to have accrued to the petitioner against the proposed respondents.

3.

The writ petition is yet to be heard for admission. Accordingly, we allow the interim application in terms of prayer clause (a), which reads as under: - "(a) That this Hon'ble Court be pleased to allow the amendment of Writ Petition as per the Schedule annexed to this application."

4.

The prayer for amendment is allowed keeping all the contentions and objections open to the respondents/proposed respondents.

5.

Let the necessary amendments be incorporated in the writ petition by the petitioner, who appears in-person, within a

period of one week. While incorporating the amendments in the array of respondents, the serial numbers of the respondents shall be correctly mentioned, which shall start from serial number 11 and not from serial number 10.

6.

The petitioner shall file amended copy of the writ petition during this week after serving a copy thereof on the learned counsel for the respondents as well as the learned Amicus Curiae.

7.

Stand over to 11th December 2023 (High on Board). (ARIF S. DOCTOR, J.) (CHIEF JUSTICE)