M/S Kct And Gkt A Joint Venture Firm Thr. Partner, Shri. Randeep Singh Khanduja, Nagpur v. Western Coal Fields Limited, Thr. General Manager (Cmc), Nagpur

03.05.caw.1084.17+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (w) NOs. 1084/2017 & 1083/2017 IN WRIT PETITION NO. 1146/2017 (M/s KCT and GKT A Joint venture Firm vs. Western Coalfields Ltd.) ............................................... ............................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Shri Anand Jaiswal,Sr.Adv.with Shri F.T.,Mirza, Advocate for the applicant/petitioner Shri A.M.Ghare, Advocate for WCL/respondent CORAM : SMT. VASANTI A. NAIK & MRS.SWAPNA JOSHI, JJ.

D ATED : 3rd May, 2017.

C.A.(W) NO. 1084/2017 Heard.

Perused the proposed amendment. The proposed amendment does not change the nature of the Petition. The proposed amendment is necessary for deciding the Writ Petition effectively. The prayer made in the Application is granted. The Civil Application is allowed and disposed of. The amendment should be carried out during the course of the day. Since fresh tender that is sought to be challenged by the proposed amendment would be opened on 15th May 2017, we grant liberty to the petitioner to move the Vacation Court for interim orders as the learned counsel for the respondent undertakes to file the reply to the amended petition by Monday, the 8th May, 2017.

03.05.caw.1084.17+ C.A.(W) NO. 1083/2017:

The prayer made in the Application needs to be granted as, by this Application, the petitioner is desirous of joining the Company, to which the tender is allotted. Since the party that is sought to be joined would be a necessary party, the prayer is granted.

Issue notice to the newly added party.

Service by hamdast is permitted, in addition to the regular mode of service. Additionally, the petitioner is permitted to serve the newly added party on the email address of the newly added party, as is supplied by it to the Western Coalfields Limited. The petitioner or its learned counsel, while serving the respondent may intimate the respondent about the date on which the matter would be circulated before the Vacation Court. The Civil Application is allowed and disposed of. JUDGE JUDGE sahare