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Bombay High CourtMCA/307/2019allowed

Dr. N.C. Sawant., v. Registrar Of Co-Operative Societies, Govt. Of Goa, Panaji And 3 ORS.,

2019-03-15Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 307 OF 2019 IN WRIT PETITION NO. 901 OF 2018 DR. N.C. SAWANT., ... Applicant

Versus

REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVT. OF GOA, PANAJI AND 3 ORS., ... Respondents Mr. S.D. Lotlikar, Senior Advocate with Ms. S. Bhobe, Advocate for the Applicant in M.C.A. No. 307 of 2019.

Mr. S.D. Lotlikar, Senior Advocate with Ms. S. Bhobe, Advocate for the Petitioner in W.P. No. 901 of 2018.

WITH STM No. 3011 OF 2018 Mr. Devidas J.Pangam, Advocate for the Petitioner. WITH WRIT PETITION No. 15 OF 2019 Mr. S.D. Padiyar with Mr. P. Shirodkar, Advocates for the Petitioner.

Mr. Pravin N. Faldessai, Additional Government Advocate for the Respondent Nos. 1 and 2.

WITH STM No. 2999 OF 2018 Mr. Prasheel Arolkar, Advocate for the Petitioner. Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 15th March 2019 P.C.:

Heard learned Counsel appearing for the parties. We have perused the averments made in the Misc. Civil Application. The

MCA/307/2019 Applicant seeks to bring on record subsequent events after filing of the Writ Petition, and to raise certain additional grounds and additional prayers, in view of the subsequent Order dated 07.09.2018 passed by the Respondents.

2. In our view, the Petitioner has made out a case for amendment as prayed. The Misc. Civil Application is allowed in terms of prayer clause (a). Amendment to be carried out within two days from today. It is made clear that merely because this amendment is permitted by this Court, none of the Respondents have admitted any contents of the amendment. Affidavit in reply shall be filed by the Respondent Nos. 1 and 2. The Respondent Nos. 1 and 2 are permitted to file additional affidavit in reply to the amended copy of the petition, within one week from today. Copy of the reply shall be served upon the Petitioners, simultaneously. The Applicant is also permitted to carry out amendment to the cause title by correcting the name of Respondent No.2.

3. Place the matter on board at 2.30 p.m. on 26th March, 2019 alongwith other connected matters.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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