Spice And Grains Overseas Pvt Ltd v. The State Of Maharashtra And ORS

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.04.22 11:34:58 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.5226 OF 2020 WITH INTERIM APPLICATION NO.437 OF 2021 IN WRIT PETITION (L) NO.5226 OF 2020 Spice and Grains Overseas Pvt. Ltd.

...Petitioner/Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

Ms. Madhavi Ayyappan i/b Mr. Vaibhav V. Ugle, for the Petitioner/Applicant.

Mr Abhay L. Patki, A.G.P, for Respondent-State. Mr. Akshay P. Shinde, for the Respondent No. 2. CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

DATE : 20th APRIL 2022 P.C. :

1.

By this interim application, the applicant seeks leave to amend the petition, as per the accompanying schedule. 2.

Learned Counsel for the respondent No.2 vehemently opposes 1/3

the interim application. Learned Counsel for the respondent No.2 has tendered an affidavit-in-reply of the respondent No.2 opposing the said amendment. He states that the writ petition is not maintainable. 3.

Reserving the rights of the respondent No.2, on the point of maintainability and other grounds, we allow the applicant to amend the petition as the applicant intends to bring on record the subsequent developments that have taken place, pursuant to the filing of the petition. The said amendment to be carried out on or before 25th April 2022 and amended copy be served on the other side. Affidavit-in-reply, if any, to be filed in the Registry, within one week thereafter. 4.

Needless to state, that the said amendment is without prejudice to the rights and contentions of the respondent No.2 including their challenge to the maintainability of the writ petition. 5.

Interim Application is allowed and disposed of accordingly. 6.

Writ Petition to be listed on 4th May 2022 at 2:30 p.m. 2/3

7.

Ad-interim relief, if any, to continue till the next date. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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