Pk Hospitality Services Private Limited v. National Stock Exchange Of India Ltd. And 3 ORS.

bipin prithiani 81-wp-3275.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by BIPIN DHARMENDER PRITHIANI Date: 2022.09.29 14:57:47 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 3275 OF 2021 WITH INTERIM APPLICATION NO. 1709 OF 2021 IN WRIT PETITION NO. 3275 OF 2021 PK Hospitality Services Private Limited ...

Petitioner/ Applicant

Versus

National Stock Exchange of India Ltd. & Ors.

...

Respondents ****** Mr. Amir Arsiwala a/w Nidhi Shah and Piyush Deshpande for the Petitioner/Applicant.

Dr. Birendra Saraf, Senior Advocate a/w Reehan Ajmerwalla i/by M/s. Manilal Kher Ambalal & Co. for the Respondent No.1. Deep Dighe i/b y Amit Tungare for the Respondent No.4. Mr. Arnav Misra and Mr. Mihir Mody i/by K. Ashar & Co. for the Respondent No.3-SEBI.

****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 28th SEPTEMBER, 2022 P.C. :- .

Heard the learned counsel for the petitioner and learned senior counsel for the respondent no.1. The petitioner seeks leave to amend and challenge the show cause notice dated 30th May, 2019 and other reliefs. So also seeks to incorporate grounds in the memo of the petition.

2.

The learned senior counsel for the respondent no.1 submits that the amendment would not take the matter further. The petitioner has an

bipin prithiani 81-wp-3275.21.doc alternate remedy. The petitioner may not have locus standi to maintain the petition.

3.

All the contentions of the respondents can be considered while dealing with the writ petition. It is trite that the merits of the amendment application need not be gone into while entertaining the amendment application. The non-applicants will have every right to controvert the averments sought to be introduced by amendment. 3.

In light of above, the applicant is granted leave to amend as per the amendment proposed in the Interim Application. 4.

The issue of alternate remedy and maintainability shall be considered at the time of hearing of the petition. 5.

Necessary amendment shall be carried out within 14 days. 6.

Interim Application is disposed of.

7.

Place the Writ Petition on 8th December, 2022. [R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]