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Bombay High CourtMCA/317/2015allowed

Mr. Jatin Sahni. v. State Of Goa, Through Its Chief Secretary And 7 ORS.,

2015-04-29Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 317 OF 2015 IN WRIT PETITION NO. 255 OF 2015 MR. JATIN SAHNI.

... Applicant

Versus

STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 7 ORS., ... Respondents Mr. Shivan Desai, Advocate for the applicant. Mr. Amey Jagdish Sinai Kakodkar, Advocate for respondent nos. 5 to 8.

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

Date:- 29th April, 2015 P.C.

Heard Mr. Shivan Desai, learned counsel appearing for the applicant and Mr. A. Kakodkar, learned counsel appearing for the respondent nos. 5 to 8.

2. This is an application for amendment of the above Writ Petition.

3. Mr. A. Kakodkar, learned counsel appearing for respondent nos. 5 to 8 strongly opposes the proposed amendment as according to him the amendment will change the nature of the petition and further seeks a relief which the applicant is not entitled in law.

MCA/317/2015

4. As the petition has not yet been admitted and as the respondents can file an additional reply disputing all the contentions and raise all legal contentions, no prejudice shall occasion to the respondents in case leave is granted to amend the petition. Hence, leave to amend the petition is granted.

5. Needless to say that all the contentions of the respondents on merits are left open. Liberty to the respondents to file an additional reply. Amended copy of the petition to be filed within one week with copy to the learned counsel appearing for the respondents.

6. Place the matter in the third week after vacation.

7. In the meanwhile, the parties are at liberty to complete the pleadings,if any.

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

F. M. REIS, J.

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