Bank Of India v. Shri Rajendra Vitthal Shinde And ORS.

696.18-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.696/2018 IN WRIT PETITION NO.13233/2016 Bank of India ... Applicant V/s.

Rajendra Vitthal Shinde ... Respondent Ms. Tanvi Bagve i/b. Mr. O. A. Das for the Applicant Mr. Pradeep S. Jetly for the Respondent Nos.3 and 4.

CORAM:

K.K. TATED & S. K. SHINDE, JJ.

DATED :

AUGUST 27, 2018 P.C. :

Heard. By this Civil Application, the Applicant seeks to carry out amendment in the Writ Petition as per the schedule Exhibit-B. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, we are of the opinion that the Applicant has made out a case for allowing the Civil Application in terms of prayer clause(a). Liberty granted to the Applicant to take out appropriate proceedings for remaining prayer clauses, which will be decided on merits.

Basavraj G. Patil 1/2

696.18-caw.doc Hence, following order is passed.

a.

Civil Application is allowed in terms of prayer clause (a), which reads thus:

"(a) Permit the Applicant (orig. Petitioner) to amend the Writ Petition as per Exhibit-B schedule attached to this Civil Application."

b.

Amendment to be carried out within three weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out, the Applicant is directed to serve an amended copy of the Writ Petition to other other side, immediately and file an Affidavit of Service to that effect. d.

Civil Application stands disposed of accordingly. e.

No order as to costs.

(S. K. SHINDE, J.) (K. K. TATED, J.) Basavraj G. Patil 2/2