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Bombay High CourtCAW/2642/2015disposed off

Ashok Shamandas Narwani v. Kajol Jethanand Somai

2016-01-29Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

904-CAW2642-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2642 OF 2015 IN WRIT PETITION NO. 9328 OF 2014 Ashok Shamandas Narwani ...Applicant In the matter between Ashok Shamandas Narwani

...Petitioner

Versus

Kajol Jethanand Somai & Anr.

...Respondents

Mr. P. D. Dalvi, for the Applicant.

Mr. P. G. Sawant, AGP, for the Respondents Nos. 1 and 2. Mr. R. K. Mendadkar, a /w Mr. C. K. Bhangoji, for the Petitioner. CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

29th January 2016 PC:- 1.

Having heard both sides, we are of the view that the joinder of the Applicant as a party-Respondent would assist the Court in resolving the controversy particularly as to whether the Petitioner perpetrated a fraud on the Court and, equally, on the authorities in obtaining allegedly a certificate certifying him as belonging to Thakur Scheduled Tribe.

904-CAW2642-15.DOC 2.

Since there are serious allegations of fraud perpetrated on this Court as well, in the peculiar facts and circumstances, we allow the Civil Application.

3.

The Applicant shall be impleaded as party-Respondent to the Writ Petition. Amendment to be carried out within a period of two weeks from today.

4.

List the matter on 23rd February 2016.

(G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)