M/S. Mahesh Dyeing And Printing Mills And ANR v. Bhiwandi Nizampur Municipal Corporation

49 WP-1261-22.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1261 OF 2022 by BHARAT DASHARATH PANDIT Date: 2022.04.05 20:13:43 +0530 M/S. MAHESH DYEING & PRINTING MILLS THROUGH ITS PARTNER SHRI MAHESHPRASAD MADANLAL CHOKHANI & ORS .... Petitioners.

V/s BHIWANDI NIZAMPUR MUNICIPAL CORPORATION .... Respondent.

Mr. Ajay S. Patil for the Petitioners.

Mr. Rajesh A. Tekale for the Respondent.

CORAM: NITIN W. SAMBRE, J.

DATE: APRIL 05, 2022 P.C.:- 1] Heard.

2] Perused the order impugned.

3] The nature of amendment sought is questioning the authority of the Respondent under whose signature impugned notice is issued. Suit has not progressed as the trial is yet to commence. If amendment is granted, same will not change nature of claim made in the suit.

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49 WP-1261-22.doc 4] That being so, order impugned dated 10/01/2022 is quashed and set aside. Application-Exhibit-73 stands allowed. Amendment be carried out within four weeks from today, subject to payment of costs of Rs 10,000/- before the Trial Court with liberty to Trial Court to decide on apportionment of the costs.

5] Petition is allowed in the aforesaid terms.

( NITIN W. SAMBRE, J. ) 2/2