Sk And Sk Develoers Pvt. Ltd. v. Suhail Ahmed Abdul Kader And 3 ORS

1/2 13-IA-3358-2023 @ Ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2023.12.16 15:02:08 +0530 INTERIM APPLICATION NO. 3358 OF 2023 IN WRIT PETITION NO. 3046 OF 2022 SK & SK Developers Pvt. Ltd. and Ors.

....Applicants/Petitioners V/s.

State of Maharashtra and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION (L) NO. 7657 OF 2022 IN WRIT PETITION NO. 3046 OF 2022 ALONGWITH WRIT PETITION NO. 1618 OF 2017 SK & SK Developers Pvt. Ltd. and Ors.

....Applicants/Petitioners V/s.

State of Maharashtra and Ors.

...Respondents

---- Mr. Prathamesh Kamat a/w Mr. Abbas Zaidy and Mr. Aditya Kavale i/b Zohair & Co. for Applicants/Petitioners.

Mr. Milind More, Addl. G.P. for Respondent Nos. 1 and 2 in WP No. 3046/2022 and for Respondent Nos.1, 2 and 6 in WP No.1618/2017. Ms.R.M.Hajare for Respondent No.3 in WP No.3046/2022 and for Respondent Nos. 3 to 5 in WP No. 1618/2017.

---- CORAM : K.R. SHRIRAM & DR. NEELA GOKHALE, JJ.

DATED : 14th DECEMBER 2023 P.C. :

1.

Interim Application No. 3358 of 2023 is for leave to amend the petition and in particular delete certain portions of the prayer clause (b). Purti Parab

2/2 13-IA-3358-2023 @ Ors.doc 2.

In the affidavit in reply opposing the Interim Application except a bald statement that the proposed amendments changes the fabric of the Writ Petition, there is nothing specific as to how it changes the fabric. The reply is primarily on the merits of the petition which we can consider at the time of hearing the petition. We do not, from the proposed amendment, conclude that by amending the petition, petitioner is changing the nature and character of the petition.

3.

In the circumstances, keeping open all rights and contentions of respondents to file an additional reply to the petition, we grant prayer clause - (a) of the Interim Application.

4.

Interim Application No.3358 of 2023 stands disposed. 5.

Amendment to be carried out and amended petition to be served within one week. Additional reply, if any, to be filed and copy served within one week thereafter.

6.

Stand over to 1st February 2024.

7.

Re-verification dispensed with.

(DR. NEELA GOKHALE, J.) (K.R. SHRIRAM, J.) Purti Parab