Sujyoti India (P) Ltd Through Director Mr. Atul S/O Dalichand Doshi v. The Western Coalfields Ltd Nagpur And 2 Others

2302caw422.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (caw) No. 422 OF 2016 (In WP No. 2443/13) Sujyoti India (P) Ltd.

v.

The WCL & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 23rd FEBRUARY, 2016.

Heard Advocate Bhangde for the applicant/ appellant, learned Senior Advocate Shri Manohar for respondent no. 2 and Advocate M. Anil Kumar with Advocate Moon for respondent no. 1. Nobody appears for respondent no. 3.

Advocate Anil Kumar is seeking time as instructions are still awaited. Senior Advocate Shri Manohar has no objection, if amendment is allowed.

During hearing we find that because of the stand taken by respondent no. 1 in defence that impugned course of auction is because of respondents sought to be added, the amendment application has been moved.

2302caw422.16 In this situation, without prejudice to rights and contentions available to respondent no. 1, we allow the application. Necessary amendment be carried out within one week.

Liberty to respondents to file additional reply/ affidavit within a further period of two weeks. List the matter for further consideration after three weeks.

In the meanwhile, issue notice to newly added respondents through Court as well as by speed post. Service upon their Standing Counsel, if any, is also permitted. JUDGE JUDGE /TA/