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Bombay High CourtCAW/1948/2019

M/S. Nath Fileds Llp Through Pradeep Pimparkar v. Dilipsing Bandusing Chavan (Decd) Through Lrs.

2019-11-13Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1948 OF 2019 IN WRIT PETITION NO. 4460 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s Orders Mr. Drupad S. Patil, for the Applicant.

Mr. S. H. Kankal, AGP for the Respondent Nos.1 to 3.

Mr. Deendayal G. Dhanure, for the Respondent No.4.

__________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 13th November, 2019.

P. C. :

1.

Heard learned counsel for the parties.

2.

By this Civil Application the applicant is seeking permission to join them as Petitioner No.2 in the present Writ Petition. 3.

Advocate Mr. Drupad Patil, who is appearing in this Civil Application is also appearing for the petitioner in W.P.No.4460 1/3

of 2010.

4.

Considering the submissions made by the learned counsel for the applicant and averments made in the Civil Application, we are satisfied that, the applicant has made out a case for allowing the Civil Application. 5.

Hence, the following order.

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

a) This Hon'

ble Court be pleased to allow the present Civil Application and be pleased to direct the Petitioners to implead the Applicant herein as party Petitioner No.2 in Writ Petition No.4460 of 2010.

b) The Applicant after being impleaded as Petitioner be permitted to amend Writ Petition No.4460 of 2010 in terms of the Schedule of Amendment being Exhibit-E to this Application.

b) Amendment to be carried out on or before 11/12/2019, failing which the Civil Application shall stand dismissed without referring back to the Court.

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c) If the amendment is carried out within stipulated time as stated above, the applicant and original petitioner is directed to serve amended copy of the petition on other side immediately thereafter.

d) Liberty granted to the respondents, if they so desire, to file additional Affidavit in reply, if any, to the amended Writ Petition with copy to other side.

e) Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED, J.) (SARANG V. KOTWAL, J.) ----- 3/3