Asrec (India) Limited, Through Chief Manager. v. The Mamlatdar Of Tiswadi Taluka And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 176 OF 2015 IN WRIT PETITION NO. 406 OF 2014 ASREC (INDIA) LIMITED, THROUGH CHIEF MANAGER.

... Applicant

Versus

THE MAMLATDAR OF TISWADI TALUKA AND 3 ORS., ... Respondents Shri Nikhil Vaze, Advocate for the applicant. Shri A. Prabhudessai, Addl. Govt. Advocate for respondents No. 1 to 3.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 13th April, 2015 P.C.:

Heard Shri Vaze, learned Counsel appearing for the applicant and Shri A. Prabhudessai, learned Additional Govt Advocate appearing for the respondents No.1 to 3.

2. This is an application to inter alia permit the applicants herein to substitute them as the petitioners in the writ petition filed by the original petitioner Vijaya Bank. The learned Counsel appearing for the applicant was directed to serve the original petitioner with the above application. The learned Counsel has produced copies of the letter dated 19.11.2014 addressed by the original petitioner to the applicants and letter dated 27th March,

MCA/176/2015 2015 by the applicant to the original petitioner. The copies of the said letters are marked "X" collectively for identification. The learned Counsel for the applicant further points out that by the said reply dated 19.11.2014, the original petitioners have given unconditional consent that the applicants herein be allowed to be substituted in place of the original petitioner and continue with the proceedings. The learned Additional Govt. Advocate appearing for the respondents No.1 to 3 has no objection for either substituting the applicants herein with the original petitioner or for adding the applicant herein as the petitioner No.2.

3. In the fact and circumstances of the case, the application is allowed. The applicant herein is, however, permitted to be added as the petitioner No.2. The amendment to be carried out within two weeks. After such amendment is carried out, issue notice before admission of the Writ Petition, to the respondents, returnable on 5th May, 2015.

4. The application, accordingly, stands disposed of. K. L. WADANE, J.

F. M. REIS, J.

ssm.