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Bombay High CourtCAW/912/2011

Life Insurance Corporation Of India v. National Insuranch Company Ltd. And ANR.

2016-04-26Hon'Ble Shri Justice M.S. Sonak2 pages

skc 902-caw-912-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 912 OF 2011 IN WRIT PETITION NO. 9224 OF 2010 Life Insurance Corporation of India ..

Applicant/Petitioner vs.

National Insurance Company Ltd.

& Anr.

..

Respondents Mr. R. Basu i/b. The Law Point for Applicant / Petitioner. Mr. Vikas Warekar i/b. Warekar & Warekar for Respondent No. 1. CORAM : M. S. SONAK, J.

DATE : 26 APRIL 2016 P.C :

1] By this civil application, the applicant seeks to amend the writ petition, in view of certain subsequent developments. Mr. Warekar, learned counsel for the respondent no. 1 submits that there is no case made out for granting leave to amend and if necessary, it is for the petitioner, to file a separate petition. 2] Considering the averments in the civil application, and the circumstance that the applicant seeks to add certain grounds to the petition which is already admitted, leave to amend can always be granted in order to avoid multiplicity of proceedings. Accordingly, the civil application is made absolute in terms of prayer clauses (a) and (b). The applicant to carry out amendment within a period of one 1/2

skc 902-caw-912-11 week from today and thereafter serve the amended copy of the petition to the respondents. The respondents are at liberty to file additional affidavit in reply, if they so desire. 3] The civil application is disposed of in the aforesaid terms. (M. S. SONAK, J.) Chandka 2/2