Metallurgical Products (India) Pvt Ltd. v. Government Of India Thru The Secretary , Dept. Of Atomic Energy, And ORS

1/2 44-IA-1710-2021 @ Ors..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2022.11.28 17:02:22 +0530 CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB INTERIM APPLICATION NO. 1710 OF 2021 IREL (India) Ltd.

....Applicant V/s.

Metallurgical Products India Pvt. Ltd.

and Ors.

...Respondents

ALONGWITH WRIT PETITION NO. 2093 OF 2021 ALONGWITH INTERIM APPLICATION NO. 19640 OF 2022 IN WRIT PETITION NO. 2093 OF 2021 Metallurgical Products (India) Pvt. Ltd.

....Petitioner V/s.

Government of India and Ors.

...Respondents

---- Mr. Sharan Jagtiani, Senior Counsel a/w Ms. Gulnar Mistry, Ms. Priyanka Kapadia, Ms. Anuja Jhunjhunwala, Ms. Rukshin Ghiara i/b M Mulla Associates for Petitioner.

Mr. Anil Singh, ASG a/w Mr. Y.R. Mishra, Mr. Aditya Thakker i/b Mr. Anil Yadav for Respondent Nos. 1 and 2.

Mr. Nitin Thakkar, Senior Advocate a/w Mr. Shaikh Sameer i/b Cosulta Juris for Respondent No.3.

---- CORAM : K.R. SHRIRAM & KAMAL KHATA, JJ.

DATED : 23rd NOVEMBER 2022 P.C. :

1.

There is an Interim Application (L) No. 24518 of 2022 filed by petitioner for leave to amend the petition. Learned Additional Solicitor General (ASG) appearing for Respondent Nos.1 and 2 and Mr. Thakkar appearing for Respondent No.3 strongly oppose the application. We are, Purti Parab

2/2 44-IA-1710-2021 @ Ors..doc however, inclined to allow the application because the petition is yet to be admitted. Moreover, by the proposed amendment in the application, we do not find the nature and character of the petition will be changed. 2.

Keeping open all rights and contentions of respondents, including laches and delay raised by the Learned ASG, leave to amend as per schedule attached to Interim Application is granted. Amendment to be carried out and amended petition shall be served within two weeks. If respondents wish to file any reply, they may do so and serve a copy within two weeks of receiving copy of amended petition. Rejoinder, if any, within a week thereafter.

3.

Petition be listed for admission on 11th January 2023. 4.

Interim Application No.1710/2021 in disposed Writ Petition No. 10263 of 2019 be de-tagged and placed before the appropriate bench. (KAMAL KHATA, J.) (K.R. SHRIRAM, J.) Purti Parab