Union Of India Thro Commandant v. Mr. Kannan S. Nambiar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7761 OF 2018 Union of India & Ors.

.. Petitioners Vs.

Kanan Nambiar .. Respondent --- Ms.S.I. Shah i/by S.I. Shah & Co. for the petitioners. None for the respondent.

--- CORAM : R.D. DHANUKA, J.

DATE : 31st August 2018 P.C.:

.

By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the order dated 27th February 2018 passed by the learned Civil Judge, Senior Division, Pune rejecting the application below Exhibit-75 inter alia praying for seeking amendment to the written statement.

2.

By an application for amendment, the petitioners (original defendants sought to raise a plea of existence of the arbitration agreement and consequently the plea of jurisdiction before the learned trial Judge. It is not in dispute that the earlier written statement was filed by the petitioners on 16th June 2012 in the suit filed by the plaintiff in the year 2011. No such plea was raised by the petitioners in the said written statement. No application under Section 8 of the Arbitration and Conciliation Act, 1996 was filed prior to the date of filing of the written statement for referring the parties to the arbitration.

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Learned trial Judge has already framed the issues. The plaintiff has already filed his affidavit of evidence. Learned trial Judge is thus justified in rejecting the application for amendment under Order VI Rule 17 of the Code of Civil Procedure, 1908. The petition is totally devoid of merit and is accordingly dismissed with costs quantified at Rs.25,000/- which shall be paid by the petitioners to the Kirtikar Law Library, High Court, Bombay within two weeks from today. R.D. DHANUKA, J.