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Bombay High CourtIA/898/2023disposed off

Shri Shishir Prabhakar Dharkar v. M.R. Makhare Autho. Officer Of Pen Co-Op Urban Bank Ltd. And ORS

2023-03-01Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Rajesh S. Patil2 pages

19 ia 898 of 2023.doc Rajeshri Aher

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 898 OF 2023 IN WRIT PETITION NO. 7140 OF 2016 Shishir Prabhakar Dharkar ...Applicant In the matter between Shishir Prabhakar Dharkar

...Petitioner

Versus

M.R. Makhare and Ors.

...Respondents

....

Mr. Satish Muley, Advocate for Applicant/Petitioner. Mr. Ratnesh Dube i/b Rutuja Ambekar, Advocate for Respondent No.2. Mr. A.I. Patel, Addl. GP. a/w Ms. K.N. Solunke, AGP for State. ....

CORAM

:K. R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 1st MARCH 2023 P.C.:

This Interim Application is for leave to amend the Petition. On 13th January 2023, Petition was listed for directions in view of the praecipe that Petitioners filed stating that it was a Supreme Court expedited matter. Petitioner's counsel stated that Petitioner wants to amend the Petition and his instructions was to take out an Application for leave to amend the Petition. Application thereafter was lodged on 25th January 2023 and reply has been filed by Respondents. From the Digitally signed by RAJESHRI PRAKASH AHER Date:

2023.03.03 15:09:05 +0530 RAJESHRI PRAKASH AHER affidavit-in-reply it does not appear that Respondents have any

19 ia 898 of 2023.doc objection to the amendment, but Respondents have gone/dealt on the merits of the amendment proposed.

We, therefore, permit Petitioner to amend the Petition as per the schedule annexed to the Interim Application keeping all rights and contentions of Respondents open to be raised in any reply/additional reply to be filed. Amendment to be carried out and amended Petition to be served within two weeks. Reply/additional reply to be filed within four weeks thereafter. Rejoinder, if any, within two weeks thereafter.

Petition to be listed for directions on 28th April 2023. Interim Application disposed.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)