The Oriental Insurance Company Ltd., Chandrapur Thr. Manager v. Sanjay Raghunath Wankhede And Others

(1) 9.wp.4430.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4430 OF 2021 The oriental Insurance Company Ltd., Chandrapur, Through Manager Vs.

Sanjay Raghunath Wankhede and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Lalit Limaye, Advocate for petitioner.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/12/2021 Heard Mr. Limaye, learned counsel for the petitioner, who challenges the impugned order dated 16.09.2021 by which, the application for amendment of written statement was filed after DW 1 was examined by the petitioner. The application, has been rejected on the ground that it is filed at a belated stage and to cure the lacuna, which was not permissible. Mr. Limaye, learned counsel for the petitioner submits that the application can be filed at any time and reliance is placed upon Baburao s/o Sahebrao Deshmukh Vs. Maharashtra Insecticides, 2004 (2) Mh LJ 717, in support of the said contention.

2.

In my considered opinion, the impugned order will have to be sustained, as it records that the plea which is now sought to be raised, was throughout available to the petitioner, in spite of which, it has not been so done and now it cannot be permitted as it would

(2) 9.wp.4430.2021 amount to setting the clock back. Reliance was placed on Baburao s/o Sahebrao Deshmukh (supra) is of no assistance to the learned counsel for the petitioner for the reason that it deals with a situation prior to the amendments of Order VI Rule 17 of the Code of Civil Procedure.

3.

The petition is without any merit and is dismissed. No costs.

JUDGE Sarkate SARKATE 19:14