M/S Joshi Freight Carriers Through Proprietor Anil Biharilal Joshi v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

CIVIL APPLICATION ST.NO.12385 OF 2016.

IN WRIT PETITION (ST) No.11123 of 2016 M/s Joshi Freight Carriers through Proprietor.

... Applicant.

The State of Maharashtra and others.

Mr.S.B.Talekar, advocate holding for Mr.S.U.Chdudhari, advocate for the applicant. Mr.S.P.Sonpawale, A.G.P. for the State.

WRIT PETITION NO.3393 OF 2016 CIVIL APPLICATION NO.4101 OF 2016 M/s S.K.Translines Private Ltd., Jalgaon through its Director. ... Petitioner. The Maharashtra State Warehousing Corporation Ltd.Pune through its Chairman Managing Director and others.

Mr.R.N.Dhorde, Senior counsel i/by Mr.V.R.Dhorde, advocate for the petitioner.

Mr.S.P.Sonpawale, A.G.P. for the State.

Mr.Prasad Dhakephalkar, Senior counsel i/by N.B.Suryawanshi, advocate for Respondent Nos.1 to 3.

Mr.Pravin Samdani, Senior counsel i/by Mr.D.R.Deshmukh, advocate for Respondent No.4. WRIT PETITION NO.3578 of 2016 M/s Skyrail Logistics Pvt. Ltd.

Through its Director Sunil Ramnarayan Mantri.

... Petitioner.

The Maharashtra State Warehousing Corporation Ltd. And others.

Mr.P.M.Shah, Senior counsel i/by Mr.Sikchi Aditya N.for the petitioner.

Mr.Prasad Dhakephalkar, Senior counsel i/by Mr.N.B.Suryawanshi, advocate for Respondent Nos.1 to 3.

Mr.Pradeep Deshmukh, advocate for Respondent No.4.

WRIT PETITION NO.3787 OF 2016 S.P.Jaisingani A Government Transport Contractor and Fleet Owner through its Proprietor Sevkram Parasram Jaisangani.

... Petitioner.

The Maharashtra State Warehousing

Corporation Ltd.Pune through its Chairman Managing Director and others.

Mr.R.N.Dhorde, Senior counsel i/by Mr.V.R.Dhorde, advocate for the petitioner.

Mr.Prasad Dhakephalkar, Senior counsel i/by Mr.N.B.Suryawanshi, advocate for Respondent Nos.1 to 3.

Mr.Pradeep Deshmukh, advocate for Respondent No.4.

WRIT PETITION NO.4349 OF 2016.

M/s Joshi Freight Carriers, through Proprietor.

... Petitioner.

The State of Maharashtra and others.

Mr.S.B.Talekar, advocate holding for Mr.S.U.Choudhari, advocate for the petitioner. Mr.Prasad Dhakephalkar, Senior counsel i/by Mr.N.B.Suryawanshi, advocate for Respondent Nos.1 to 3.

Mr.Pradeep Deshmukh, advocate for Respondent No.4.

CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 13.04.2016.

PER COURT :

1.

Mr.Talekar, learned counsel appearing for petitioner in Writ Petition St.No.11123/2015, has filed Civil Application seeking leave to amend and to add documents. He also seeks oral leave to add parties i.e. the other petitioners in W.P.No.3393/2016 and W.P.No.3787/2016.

2.

We have heard Mr.Talekar, learned counsel for the applicant and Senior counsel for the respective Respondents on the present Civil Application.

3.

The learned Senior counsel for the respective Respondents oppose the application on the ground that the said application is after thought.

4.

The Writ Petition is at an incipient stage. Even if the amendment is allowed, the Respondents will have every right to controvert the averments sought to be introduced by way of amendment.

In light of that, the Civil

Application is allowed. The amendment be carried out forthwith with copies to all the Respondents including the added parties.

5.

The Respondents may file their affidavit by 18.4.2016.

6.

Place the matters on 22.4.2016.

7.

Interim relief granted earlier to continue till then.

(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) asp/office/Cast12385.16