City Corporation Ltd. Thr Its Director v. Prakash Haribhau Tupe And ANR

(10)-WP-7952 -2021.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.10 14:15:55 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO. 7952 OF 2021 City Corporation Limited.

..Petitioner

Versus

Shri. Prakash Haribhau Tupe & Anr.

..Respondents Mr. G. S. Godbole i/by Drupad S. Patil a/w B.G. Ligade Adv. for the Petitioner.

Mr. S. V. Sadavarte Adv. for the Respondents. CORAM : NITIN W. SAMBRE, J.

DATE : 9th MARCH, 2022 P.C.

1.

Heard respective counsels at length.

2.

The order impugned dated 21st October, 2021 passed by the Court below granting amendment i.e. Exhibit-33 is without any consideration particularly reflecting significance of the amendment with that of suit claim. That being so, order impugned is quashed and set aside.

3.

The parties are at liberty to argue application Exhibit-33 afresh.

4.

The petition as such stands allowed in above terms. [NITIN W. SAMBRE, J.] BGP.