Clera Simon Mendonza And ORS v. The State Of Maharashtra Through Office Of Govt. Pleader And ORS

Yadav VG 1 61-A.caw.2173.16.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPEALLATE JURISDICTION CIVIL APPLICATION NO. 2173 OF 2016 IN WRIT PETITION NO. 5912 OF 2016 Clera Simon Mendonza & Ors. ..Vs.. The State of Maharashtra & Ors.

Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders Mr. Ajay Fernandes a/w Mohan G. Salien I/by. MGS Legal for Applicants.

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

Mr. Sandesh Deshpande for Respondent NO.4.

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CORAM

: K. K. TATED, J.

DATE : JULY 05, 2017.

P.C. :

.

Heard learned Counsel for parties.

2.

This application is preferred by the Applicants for carrying out appropriate amendment by placing certain documents on record.

3.

The learned Counsel Mr. Deshpande submit that he received instructions to appear on behalf of Respondent No.4. Hence, he require some time.

4.

It is to be noted that Writ Petition

Yadav VG 2 61-A.caw.2173.16.odt. No. 5912 of 2016 is pending for hearing on its own merits. During the pendency of the Writ Petition for admission he preferred Civil Application for carrying out amendment.

5.

Considering this fact, I am satisfied that the Applicants have made out the case for allowing the application in terms of prayer clause (a) which read thus :

(a) This Hon'ble Court be pleased to grant leave to the Applicants/Petitioners to amend the Petition in terms of the Schedule annexed as Exhibit "I" hereto and to carry out such consequential amendments as may be necessary.

(b) Amendment to be carried out within three weeks from today.

(c) If the amendment is not carried out within stipulated time as stated above, Civil Application shall stand dismissed without reference back to the Court.

(d) If the amendment is carried out within stipulated time as stated above, Applicants/Petitioners to serve amended copy of Petition on Respondent's Advocate thereafter.

(e) Civil Application stand disposed of.

(K.K.TATED, J.)