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Bombay High CourtIA/4867/2022disposed off

Nishika Roadlines Pvt. Ltd. v. Indian Oil Corporation Ltd. Through The Deputy Genergal Manager And 2 ORS.

2023-01-07Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Sandeep V. Marne2 pages

3-IA-4867-2022 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4867 OF 2022 IN WRIT PETITION NO. 4814 OF 2022 Nishika Roadlines Pvt. Ltd.

.. Applicant In the matter between:

Nishika Roadlines Pvt. Ltd.

.. Petitioner Vs.

Indian Oil Corporation Ltd. & Ors.

.. Respondents Mr. Chetan Kapadia, Mr. Ankit Lohia and Mr. Kalpesh Mehta i/by Pravin Mehta and Mithi & Co. for applicant/petitioner. Mr. Rohan Cama, Ms. Rujuta Patil, Mr. Yohaan Shah i/by Negandhi Shah & Himayatullah for respondent no.1. Mr. Himanshu Takke, AGP a/w Mr. Amit Shastri, AGP for respondent no.2/State.

Mr. Ashutosh Misra for respondent no.3/UoI.

CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

DATE:

JANUARY 7, 2023 P.C.:

1.

We have heard the learned advocate for the applicant and the learned advocates for the non-applicants. 2.

The present application seeks leave to amend in tune with the draft amendment filed along with the application. It is submitted that there are subsequent facts that are sought to be brought on record.

3-IA-4867-2022 3.

The writ petition is at nascent stage. The same pending admission. Even otherwise, the non-applicants have every opportunity to controvert the pleadings sought by amendment.

4.

For the reasons stated in the application, the present application is allowed in terms of prayer clause (a). 5.

The learned counsel for the applicant submits that the amendment will be carried out by 10th January, 2023. 6.

Place the matter on 23rd January, 2023.

7.

Respondents may file reply before the next date. 8.

The petitioner seeks leave to file additional affidavit. The same be filed with the Registry.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.01.07 18:30:32 +0530 PRAVIN DASHARATH PANDIT