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Bombay High CourtIA/1641/2022allowed

Indus Towers Ltd. v. Vasai-Virar City Municipal Corporation And ORS

2022-08-10Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Justice Kamal Khata2 pages

10-ia1641-22.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by VASANT ANANDRAO IDHOL Date: 2022.08.11 15:36:27 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.1641 OF 2022 IN WRIT PETITION NO.1124 OF 2022 Indus Towers Ltd., through Ramesh Salvekar ...Applicant /

...Petitioner

V/s.

Vasai Virar City Municipal Corporation & Ors.

...Respondents

Mr.A.V. Anturkar, Senior Counsel with Mr.Irvin D'Souzai/b Mr.Sugandh B. Deshmukh for the Applicant / Petitioner. Mr.Vishwanath Patil with Mr.Ankit Lodha and Mr.Kewal Ahya for the Respondent Nos.1 to 5.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATE : 10TH AUGUST, 2022.

P.C. :- 1.

By this interim application, the applicant seeks amendment in the Writ Petition No.1124 of 2022 so as to bring subsequent facts on record. The respondent no.1 has raised the issue of maintainability of the writ petition itself on various grounds. Without going into the maintainability issue raised in the writ petition. Since the writ petition is not yet admitted, we are inclined to allow the interim application for seeking amendment so as to bring subsequent facts on record keeping the issue of maintainability of the writ petition 1/2

10-ia1641-22.doc open.

2.

The interim application is made absolute in terms of prayer clause (A) keeping the issue of maintainability of the writ petition and the merits of the amendment open. The amendment shall be carried out within two days from today. The amendment shall also be carried out in the copies supplied to the respondents simultaneously. (KAMAL KHATA, J.) (R.D. DHANUKA, J.) 2/2