Laxmi Industrial Estate v. The Municipal Corporation Of Greater Mumbai And ANR.

1 CHS.2/2016-WP.1905/2012(14) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 2 OF 2016 IN WRIT PETITION NO.1905 OF 2012 Laxmi Industrial Estate ...Applicants

IN THE MATTER BETWEEN:

Laxmi Industrial Estate

...Petitioners

Vs.

The Municipal Corporation of Greater Mumbai & Anr.

...Respondents

Mr. Girish Godbole, Sr. Counsel a/w. Bavin R. Bhatia for the Petitioner/Applicant Mr. A.Y. Sakhare, Sr. Counsel a/w. Mrs. Geeta Joglekar for the Respondent Nos. 1 & 2 CORAM : A.S.OKA, & C.V. BHADANG, JJ.

DATE : JANUARY 19, 2016 P.C.:

1.

Heard the learned Counsel appearing for the applicant (writ petitioner) and the learned Senior Counsel appearing for the respondents. Perused the text of the proposed amendment. The amendments are based on the events which are subsequent to filing of the petition. The only objection of the respondents is that the subsequent correspondence is not relied upon by the applicant. If that be so, the respondents can always place the same on record. Accordingly the chamber summons is made absolute in terms of prayer clause (a).

2.

The learned Counsel appearing for the applicant states

1 CHS.2/2016-WP.1905/2012(14) that he is not pressing prayer clause (b), but he may be granted liberty to file appropriate proceedings for seeking the said prayer. Accordingly, liberty is granted as prayed.

3.

Amendment to be carried out within a period of 4 weeks from today. It will be open for the respondents to file a reply to the amended petition within a period of 8 weeks from the date on which a copy of the amended petition is served upon the respondents.

4.

It is made clear that the amendment is allowed without prejudice to the rights and contentions of the parties in the writ petition.

(C.V.BHADANG,J.) (A.S.OKA,J.)