Bombay High CourtCAO/1718/2015admittedallwdgrantedrule absolute

Gajanan S/O Tukaram Butake v. Kirtikumar Mitesh Bhangdiya, Bunty Bhangdiya And 2 Others

2015-10-30Hon'Ble Shri Justice A.S. Chandurkar2 pages

940-CAO-1718-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1718 OF 2015 IN ELECTION PETITION NO.8 OF 2014 Gajanan s/o Tukaram Butake, Chimur, Chandrapur -vs- Kirtikumar Mitesh Bhangdiya and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. R. Johrapurkar, Advocate for petitioner/applicant Shri Anand Parchure, Advocate for respondent No.1. CORAM : A.S.CHANDURKAR, J.

DATE : October 30, 2015 By this application, the petitioner seeks to amend the election petition and place on record averments that the interest of respondent No.1 in the Company namely MKS Acme-Build Private Limited continued despite his resignation on 02/08/2014. It is stated that the fact that the brother of respondent No.1 was inducted as additional Director on 25/02/2015 came to the knowledge of the petitioner when the Search Report was received after filing the election petition. It is stated that amendment is necessary to decide the prayers made in the election petition.

The application is opposed by the respondent No.1 on the ground that the respondent No.1 did not have any subsisting interest in the said Company though his brother was inducted on 25/02/2015.

After hearing respective counsel and after perusing judgment of the Supreme Court in AIR 1993 SC 212 Sewaram vs. Sobaran Singh, the amendment as sought

940-CAO-1718-15 2/2 deserves to be allowed. Accordingly, the application is allowed. Amendment be carried out within period of ten days from today. The respondents are at liberty to file their pleadings in response to amended paragraph 18-A of the election petition. The amended reply be filed by 23/11/2015.

Election petition be listed on 27/11/2015 for further consideration.

JUDGE Asmita