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Bombay High CourtCA/8993/2021application allowed

Union Of India Through Janak Raj Mittal Executive Engineer Ahmednagar v. Mukund Enterprises Pvt. Ltd.

2022-02-02Hon'Ble Smt. Justice Bharati Harish Dangre2 pages

1 951CA8993.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 8993 OF 2021 IN ARBITRATION APPEAL NO. 21 OF 2021 Union of India through Janak Raj Mittal Executive Engineer, Ahmednagar ...Applicant

Versus

Mukund Enterprises Pvt. Ltd.

...Respondent

.....

Shri. Ajay G. Talhar, Advocate for the applicant Shri. R. S. Deshmukh, Sr. Counsel h/f Shri. K. C. Sant, Advocate for respondent .....

AND ARBITRATION APPEAL NO. 21 OF 2021 CORAM : BHARATI H. DANGRE, J.

DATE : FEBRUARY 02ND, 2022 PER COURT : - 1.

By the present application, the amendment is sought by inserting few grounds in the memo of appeal in the form of ground nos. XXXIII to XXXV. On perusal of the application, I am of the expressed opinion that since the appeal is not yet admitted and the said grounds being based and borne from the record, they be permitted to be inserted. This conclusion is arrived at, though the application is strongly opposed by the learned Senior Counsel - Shri. R. S. Deshmukh.

SG Punde, PA

2 951CA8993.2021 2.

The Civil Application necessarily stand allowed in terms of prayer clause '

B'. Necessary amendment to be carried out within period of three days from today. The amended copy of the appeal memo be supplied to the learned Counsel for the other side. 3.

List the appeal for hearing on 11 th February, 2022 .

[ BHARATI H. DANGRE ] JUDGE SG Punde, PA