Willingdon Sports Club And 2 Others v. Maharashtra Housing And Area Development Authority And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 67 OF 2017 IN WRIT PETITION NO. 1218 OF 2011 Willingdon Sports Club ... Applicant/Petitioner.

In the matter of :

Willingdon Sports Club & Ors.

... Petitioners.

V/s.

Maharashtra Housing and Area Development Authority & Ors.

... Respondents.

--- Mr. Rajesh Datar, Advocate for the Applicants/ Petitioners. Mr. Sanjay Prabhala, Advocate for the Respondent No.3. --- CORAM : K.K. TATED & N.J. JAMADAR,JJ.

DATE : DECEMBER 18 , 2018.

PC :

Heard learned counsel appearing for the parties. By this Chamber Summons, the Applicant is seeking permission to carry out amendment in writ petition, by placing on record certain documents i.e. plaint in Suit No. 4493 of 1994, RAD Suit No.1055 of 2013 and other documents. 1/3

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit-in-support of the chamber summons, we are satisfied that the applicant has made out a case for allowing the chamber summons.

Hence, the following order :

i.

The Chambers Summons is allowed.

ii.

The Applicant, original Petitioner, is permitted to carry out the amendments in writ petition no. 1218 of 2011, as per the schedule of proposed amendment given the Chamber Summons on or before 11.01.2019. iii.

If the amendment is carried out within stipulated time, the applicant is directed to serve the amended copy of the writ petition on the Respondents immediately on or before 31.01.2019 and file affidavit of service to that effect.

iv.

Liberty is granted to the Respondents, if they so desire, to file their additional affidavit-in-reply to the amended petition on or before 22.02.2019, with copy to the other side.

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iv.

The writ petition to appear on board on 01.03.2019 under caption "for direction" .

v.

Chamber summons stands disposed of accordingly. No order as to costs.

(N.J. JAMADAR, J.) (K. K. TATED,J.) .....

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