Asset Reconstruction Company (India) Limited And ANR v. Ashok Nandkishor Mehra And ORS.

spm 1 3-Wp-3421-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3421 OF 2018 WITH CIVIL APPLICATION NO. 1231 OF 2018 IN WRIT PETITION NO. 3421 OF 2018 Asset Reconstruction Company (India) Limited and Anr. .....Petitioners Vs.

Ashok Nandkishor Mehra and Ors.

.....Respondents Mr. Sushil Nimbkar for Petitioners.

Mr. Karl Shroff a/w Ms. Hema Desai for Respondent No.1. CORAM : K. R. SHRIRAM & A. S. DOCTOR, JJ.

DATE : 27th July, 2022.

P.C.:- 1.

Mr. Nimbkar states that Petitioner has not complied with the directions given on 5th July, 2022 and undertakes to carry out amendment and also serve a copy of the pages where amendment is effected within 1 week.

2.

There is a pending Interim Application No.1231 of 2018 for leave to amend the Petition to annex the documents annexed thereto. Mr. Shroff states that Court may permit the amendment without prejudice to the rights and contentions of Respondents. We find there is no separate 1/2

spm 2 3-Wp-3421-2018.doc schedule of amendment to be carried out annexed to the Interim Application. The amendment sought can be found in para 9 of the Application. In the said para, Applicant has not mentioned where those proposed amendments are to be inserted in the Petition. The amendments as mentioned in para 9 to be inserted at the appropriate places as Petitioner may deem fit. Petitioner may also annex to the Petition, the documents which are annexed to the Application. These amendments shall also be carried out along with the amendment to the cause title as mentioned earlier.

3.

Amended Petition shall be served upon Respondents on or before 1st August, 2022. Reply, if any, to be filed and copy served by 15th August, 2022. Re-joinder, if any, to be filed and copy served by 22nd August, 2022. Stand over to 29th August, 2022.

4.

Civil Application disposed.

(A. S. DOCTOR, J.) (K. R. SHRIRAM, J.) 2/2