Shantabai Dattatray Manjal v. 1. A. Ramesh Andanappa And ANR.

3-fa-1769-08 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2265 OF 2007 IN FIRST APPEAL NO.1769 OF 2008 Shantabai Dattatray Manjal -vsA. Ramesh Andanappa & ors.

----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Sarvajit B. Patil, Advocate for appellant. Shri Rupam Ghosh, Advocate for respondent No.2. CORAM : A.S.CHANDURKAR, J.

DATE : December 12, 2018 By this application the claimant seeks permission to amend the Claim Petition so as to claim compensation of Rs.4,00,000/-. In the application it is stated that the Claims Tribunal while adjudicating the Contempt Petition found the claimant entitled to an amount of Rs.4,00,000/-. However, as the actual claim made was only Rs.1,00,000/-, that amount was awarded. The learned counsel for the appellant has relied upon the decision in Nagappa vs. Gurudayal Singh and ors. (2003) 2 SCC 274.

The application is opposed by the learned counsel for the respondent No.2. However, in the light of the law as laid down in the aforesaid judgment the claimant is permitted to amend the Claim Petition.

Civil Application is allowed in terms of prayer clause (a) and disposed of. Amendment in the

3-fa-1769-08 2/2 memorandum of Claim Petition be carried out within period of eight weeks.

First Appeal No.1769 of 2008 To come up for hearing on 04/02/2019.

(A.S.CHANDURKAR,J.) Asmita