Padmachhaya Co-Operative Housing Society No 2 Ltd And ORS v. Honble Minister Cooperation And Marketing And ORS

by VIDYA SURESH AMIN Date:

2021.11.24 11:01:51 +0530 VIDYA SURESH AMIN 15.IA3378_2021.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3378 OF 2021 IN WRIT PETITION NO. 5489 OF 2021 Padmachhaya Cooperative Housing Society No. 2 Ltd. & Ors.

... Applicants/ Petitioners V/s.

Hon'ble Minister Cooperation and Marketing & Ors.

... Respondents Mr. Shailendra S. Kanetkar for the applicants/petitioners. Mr. C.D. Mali, AGP for the State.

Mr. Chaitanya Nikte for respondent no. 6.

Mr. Surel Shah i/b. Ms. Sneha Bhange for respondent nos. 7 and 8. Mr. S.S. Panchpor for the Intervenor.

CORAM : G.S.KULKARNI, J.

DATE : 22 November, 2021 P.C.:

1.

By this Application, the applicants/petitioners seeks leave to amend the petition in terms of Schedule of Amendment (Exhibit 'D'). Although there are other prayers made in this Application, Mr. Kanetkar, learned counsel for the applicants states that these prayers can be considered on the main Writ Petition. 2.

Having perused the averments made in the application and having heard the learned counsel for the parties, in my opinion, the amendments are required to be permitted. Accordingly, leave 1/2

15.IA3378_2021.doc to amend in terms of the draft amendment as placed on record. Let the amendment be carried out on or before 25 November, 2021. Amended copy of the petition be served on all the parties. If any of the respondents intend to file reply affidavit, they shall do so on or before 27 November, 2021.

3.

Interim Application is disposed of in the above terms keeping open the petitioners' contention in regard to the prayers other than the prayer for amendment.

4.

List the Writ Petition on 29 November, 2021 (H.O.B.) 5.

Mr. Panchpor appears and states that he has instructions to intervene in the matter and to file formal application in that regard. Let such application be filed on or before 25 November, 2021 and same be served on all the parties.

(G.S.KULKARNI, J.) 2/2