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Bombay High CourtCAW/2654/2024ca disposed off

Abhishek S/O. Manoj Jayaswal v. Union Bank Of India, Stressed Asset Management Branch, Mumbai

2024-10-04Hon'Ble Smt. Justice Bharati Harish Dangre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

905-WP-5885-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Abhishek S/o Manoj Jayaswal, Jaripatka, Nagpur -vsUnion of India, Mumbai Samachar Marg, Mumbai ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri D. V. Chauhan, Senior Advocate with Shri Chetan. S. Dhore, Advocate for petitioner.

CORAM : BHARATI DANGRE AND ABHAY J. MANTRI, JJ. DATE : October 04, 2024 Civil Application (CAW) No.2654/2024 1.

The learned Senior Counsel Shri Chauhan has taken out an application seeking extensive amendment in the writ petition which include insertion of pleadings as well as addition of grounds and prayer clauses.

Since we are yet to issue notice, we deem it appropriate to grant the amendment as what is sought is addition of certain grounds and the prayer clauses, which according to the learned Senior Counsel do not alter the nature of proceedings.

By allowing the Civil Application, we permit the amendment to be carried out on or before 07/10/2024.

Writ Petition No.5885/2024 2.

The argument of the learned Senior Counsel specifically rest upon the report of January 2019, in the form of Forensic Audit Report, which has specifically highlighted the rationale behind its conduct but it has restricted its operation for internal purpose and in the light of this report, it is the submission advanced, that this cannot be made foundation for the coercive action, as it will have a limited role to play but it is his specific contention that the Bank is proceeding ahead,

905-WP-5885-24.odt 2/2 based on this report and it has already instituted proceedings with the CBI.

3.

In the light of these submissions, we deem it appropriate to issue notice to the respondent-Union Bank of India, Mumbai Samachar Marg, Mumbai, by making it returnable on 15/10/2024. Hamdast granted.

In addition, notice is also permitted to be served by private mode of service.

(Abhay J. Mantri, J.) (Bharati Dangre, J.) Asmita