Shri Vidyadhar Shankar Abhyankar And ORS. v. The Union Of India And ORS.

15.841.18-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.841/2018 IN WRIT PETITION NO.2168/2017 Vidyadhar Shankar Abhyankar & Ors.

... Applicants V/s.

Union of India & Ors.

... Respondents Mr. S. M. Oak i/b. S. S. Bhise for the Applicants Mr. Ryan Menezes i/b. Jhangiani Narula & Associates for Respondent Nos.3, 4A and 4B.

Mrs. Madhubala Kajale, "B" Panel Counsel for Respondent No.2

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

APRIL 13, 2018 P.C. :

Heard. By this Civil Application the Applicant seeks permission to carry out amendment in view of the subsequent development. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

Basavraj G. Patil 1/2

15.841.18-caw.doc a) Civil Application is allowed in terms of prayer clauses (a) and (b) which read thus:

"(a) That this Hon'ble Court Court be pleased to allow Applicants/ Petitioners to amend the aforesaid Writ Petition No.2168/2017 and add paragraph No.21(a) the content text of which is mentioned in paragraph No.4 hereinabove and also in the Schedule-I annexed to this Application at Exhibit-B, after paragraph No.21 of the aforesaid petition.

(b) That this Hon'ble Court be pleased to allow Applicants/ Petitioners to amend the aforesaid Writ Petition No.2168/2017 and add prayer clause No.(c), the content text of which is mentioned in paragraph No.5 hereinabove and also in the Schedule-II annexed to this Application at Exhibit-C after prayer clause No.(b) of the aforesaid petition."

b) The Applicant to carry out amendment on or before 04.05.2018, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Writ Petition, on the Advocate for the Respondents, immediately thereafter.

d) The Respondents are permitted to file their Affidavit-in-Reply , if they so desire, in the amended Writ Petition within eight weeks thereafter, with copy to other side.

e) Civil application stands disposed off accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2