Jayant Lunawat v. The State Of Maharashtra Through Office Of Govt. Pleader And ORS

caw-1247.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1247 OF 2016 IN WRIT PETITION NO.7885 OF 2010 Jayant Lunawat ... Applicant Vs State of Maharashtra and Ors.

... Respondents Mr. Pratik Kothari i/by I.C. Legal for the Applicant - Petitioner. Mr. Manish M. Pabale, AGP for Respondent No.1. Mr. Shivam Nagalia i/by Mr. Pavan S. Patil for Respondent No.16. CORAM : A.S. OKA & P.N. DESHMUKH, JJ.

DATE :

16th JANUARY, 2018 P.C.

Heard the learned counsel appearing for the parties. By the proposed amendment, the applicant who is the writ petitioner is not seeking to incorporate any additional relief but are trying to seek addition of certain paragraphs and grounds. The objection raised by one of the respondents is that the applicants are estopped from raising some of the grounds and averments which they want to incorporate by way of amendment. If that be so, the concerned respondents can always file a reply and raise the said contention. Even if amendment is permitted that does not amount to acceptance of alleged averments and grounds

caw-1247.16.odt sought to be added. Therefore, without prejudice to the rights and contentions of the parties, we permit amendment as prayed for. Accordingly, application is allowed in terms of prayer clauses (a) and (c). Amendment shall be carried out within a period of two weeks from the date on which this order is uploaded. Amended copy of the Petition shall be served to all the respondents by the Advocate for the applicants within a period of three weeks from the date on which this order is uploaded. It will be always open for the concerned respondents to file an additional reply to the amended Petition within a period of four weeks from the date on which they are served with the amended Petition.

(P.N. DESHMUKH, J) (A.S. OKA, J)