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Bombay High CourtIA/18511/2022allowed

Dr. Kirit Somaiya v. Sadanand Gangaram Kadam And ORS

2022-10-17Hon'Ble The Chief Justice,Hon'Ble Shri Justice Madhav J. Jamdar2 pages

16-WP.11125.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11125 OF 2022 Sadanand Gangaram Kadam } Petitioner

Versus

Union of India and Ors.

} Respondents WITH INTERIM APPLICATION NO. 18511 OF 2022 IN WRIT PETITION NO. 11125 OF 2022 Dr. Kirit Somaiya } Applicant In the matter between Sadanand Gangaram Kadam } Petitioner

Versus

Union of India and Ors.

} Respondents Mr. Venkatesh Dhond, Senior Advocate with Mr. Saket Mone and Mr. Devansh Shah i/b. Vidhi Partners for the petitioner.

Mr. Rui Rodrigues with Mr. D. P. Singh, Ms. Savita Ganoo and Mr. Aditya Thakkar for respondent no. 1 (UoI).

Mr. P. P. Kakade, Government Pleader with Ms. R. A. Salunkhe, AGP for respondents 2, 5 and 6 (State). Mr. Milind Sathe, Senior Advocate with Ms. Jaya Bagwe for respondent no. 3 (MCZMA).

Mr. Akhilesh Dubey with Mr. Varad Dubey i/b. Law Counsellors for the applicant.

CORAM: DIPANKAR DATTA, C. J. & MADHAV J. JAMDAR, J.

DATE:

OCTOBER 17, 2022 J.V.Salunke,PS

16-WP.11125.2022 P.C.:

1.

It is not disputed by Mr. Dhond, learned senior advocate for the petitioner, that complaints lodged by the applicant in Interim Application No. 18511 of 2022 have given rise to all the proceedings against the petitioner. In such view of the matter, we are of the clear view that the applicant ought to be permitted to participate in these proceedings. Let the cause title of the writ petition be amended suitably by impleading the applicant as the respondent no. 7. Amendment shall be carried out forthwith.

2.

Let a copy of the amended writ petition be served on Mr. Dubey, learned advocate for the respondent no. 7 in course of tomorrow.

3.

The respondent no. 7 as well as the other respondents shall be at liberty to file reply affidavit/s by 16th November 2022; rejoinder thereto, if any, may be filed by 22nd November 2022.

4.

List the PIL petition on 24th November 2022.

5.

If any adverse action is contemplated by the respondents against the petitioner, he shall be at liberty to apply for ad-interim relief upon notice to the parties. SALUNKE J V (MADHAV J. JAMDAR, J.) (CHIEF JUSTICE) by SALUNKE J V Date: 2022.10.17 18:53:07 +0530 J.V.Salunke,PS