Samta Nagar Co-Operative Housing Societies Union Limited And ANR v. Municipal Corporation Of Greater Mumbai And 2 ORS.

5 chsw 296.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.296 OF 2018 IN WRIT PETITION NO.1699 of 2016 Samta Nagar Co-operative Housing Societies Union Limited and anr.

....Applicants/ Petitioners

Versus

Municipal Corporation of Greater Mumbai and ors. ....Respondents Dr. Milind Sathe, senior advocate along with Mr. Bhushan Deshmukh, Ms. Tanvi Shah I/b. Wadia Ghandy and Co., advocates for the applicants/org.petitioners.

Mr. J. Reis, senior advocate along with Ms. Vandana Mahadik, advocate for the Corporation.

Mr. Sukanta Karmakar, AGP for the State.

Mr. Prabhakar Jadhav I/b. Mr. V. P. Sawant, advocate for the respondent No.2.

CORAM : RANJIT MORE & REVATI MOHITE DERE, JJ.

DATE : 5th DECEMBER, 2018.

P. C. :

1.

Heard learned senior counsel appearing for the respective parties.

2.

By filing the chamber summons, the applicants are seeking leave to amend the petition in terms of the schedule annexed to the petition.

Shubhada S Kadam 1/2

5 chsw 296.18.doc 3.

Having considered the rival submissions, we find that the amendment is necessitated by occurrence of the events subsequent to the filing of the petition. In that view of the matter and for the reasons stated in the affidavit-in-support, the chamber summons is allowed in terms of prayer clause (a) and is disposed of as such. 4.

The petitioners are permitted to amend the petition in terms of the schedule annexed to the chamber summons. Necessary amendment be carried out within a period of two weeks from today and, amended copy of the petition be served upon all concerned within a period of one week thereafter.

5.

The respondents are at liberty to file additional reply to the amended petition before the returnable date of the petition viz. 10Th January, 2019.

[REVATI MOHITE DERE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2