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Bombay High CourtCAW/2873/2017

Shri Abbas Rasulbhai Ukani v. The State Of Maharashtra Through Its Secretary And ORS

2018-06-19Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

26.caw.2873.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2873 OF 2017 IN WRIT PETITION NO. 10000 OF 2015 Abbas R. Ukani ..Applicant/Orig.Petitioner Vs.

The State of Maharashtra and Others ..Orig.Respondents Mr. Bhushan Deshmukh I/b Ajay A. Joshi, for the Applicant. Mrs. Pushpalata N. Diwan, AGP for Respondent Nos.1, 5 to 7. Ms Shalmali Gadre a/w Pranav Thakur I/b Little and Co, for Respondent Nos.2 to 4 in WP.10000/15.

CORAM:-K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :- JUNE 19, 2018.

P. C.:

Heard. This Application is preferred by the Petitioner for carrying out amendment in the Petition by adding additional grounds as well as placing on record some documents. The learned counsel Ms. Gadre, for Respondent Nos.2 to 4 have no objection if Civil Application is allowed.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application we Aswale 1/2

26.caw.2873.17.doc are satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed. (i).

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

"(a): the Applicant be permitted to carry out amendments to the Petition in Writ Petition No.10000 of 2015 as per the Schedule of Amendment being Exhibit-"A" hereto."

(ii).

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

(iii).

If amendment is carried out within stipulated time as stated hereinabove, an amended copy of the Writ Petition along with all annexures shall be served on the advocate for the other side within two weeks thereafter.

(iv) Liberty granted to the Respondent, if they so desire, to file additional affidavit in reply to the amended Writ Petition, within four weeks from the date of service of amended copy of Writ Petition with copy to other side.

(v).

Civil Application stands disposed of accordingly. ( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2