Shri. Allen Pathrose Vijayan, Project Director Of Sreebalaje Consultants v. The Navi Mumbai Municipal Corporation Through The Municipal Commissioner

913 ia 20304 of 22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.20304 OF 2022 IN WRIT PETITION NO.10550 OF 2020 Allen Pathrose Vijayan, Project Director of Sreebalajee Consultants ... Applicant/ Petitioner

Versus

The Navi Mumbai Municipal Corporation

...Respondent

--------- Ms.Priyanka Kumar & M.S.Roshni Vipani, for Applicant. Mr.Sandesh Deshpande, for Respondent.

--------- CORAM : R.D. DHANUKA & M.M. SATHAYE, JJ.

DATED : 17th JANUARY, 2023 P.C. :

1.

By this Interim Application, the Applicant seeks amendment as described in the schedule annexed to the interim application. Since the writ petition is not yet admitted, we are inclined to grant amendment, as prayed. Interim Application is granted absolute in terms of prayer of clause (a). Amendment to be carried out within one week from today. Amendment shall also be carried out in the copies supplied to the Respondent. It is made clear that merely because amendment is permitted, it would not amount to admitting any contention raised in the amendment as well as the prayers sought by the Respondent by way of amendment. The Respondent would be at liberty to file an additional affidavit in reply to the amended portion of the petition, within two weeks from the date of the Petitioner carrying out amendment in the Husen

913 ia 20304 of 22.doc copies supplied to the Respondent. Rejoinder, if any, shall be filed within one week thereafter.

2.

Learned counsel for the Respondent to continue the statement made before this Court on 23.12.2022 in IA/20304/2022, till next date. Statement is accepted.

3.

Place the writ petition on board 06.03.2023.

(M.M. SATHAYE, J.) (R.D. DHANUKA, J.) Husen