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Bombay High CourtMCA/387/2022allowed

Oscar Gonsalves v. Goa State Information Commission And 4 ORS

2023-09-29Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Bharat P. Deshpande3 pages

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 387 OF 2022 IN WRIT PETITION NO. 851 OF 2017 WITH WRIT PETITION NO. 851 OF 2017 OSCAR GONSALVES VS GOA STATE INFORMATION COMMISSION AND 4 OTHERS ... APPLICANT ... RESPONDENTS Mr. Ashwin D. Bhobe with Ms. Shaizeen Shaikh, Advocates for the Applicant.

Mr. Deep D. Shirodkar, Additional Government Advocate for Respondent Nos. 1, 2, 3 and 5.

CORAM:

PRAKASH D. NAIK & BHARAT P. DESHPANDE, JJ.

DATED:

29th SEPTEMBER 2023 P.C.

1.

This is an Application for amendment of Writ Petition No. 851 of 2017. The schedule of amendment has been annexed to this Application.

2.

Writ Petition has been admitted by this Court on 25.09.2021.

3.

Amendment Application is pending since 02.09.2021.

4.

Mr. Deep Shirodkar, learned Additional Government Advocate appearing for Respondent Nos. 1, 2, 3 and 5 submitted that the Application for amendment was filed belatedly. It is submitted that from the contents and the amendment sought by the Petitioner, it appears that the Applicant was aware of the facts therein and should have moved the amendment Application at earlier point of time.

5.

Mr. Bhobe submitted that the Respondents have not yet filed reply in the main Petition and objections if any, with regards to pleadings of amendment, could be raised in the consolidated reply to be filed by the Respondents.

6.

Considering the circumstances, we pass the following order:- O R D E R (a) Miscellaneous Civil Application No. 387 of 2022 is allowed.

(b) Applicant is permitted to carry out the requisite amendment as per the schedule provided in this Application.

(c) Amendment to be carried out within two weeks from today.

(d) Copy of the amended Petition to be served on Respondents.

(e) Respondents are at liberty to file reply to Petition including the amended pleadings in the Petition within four weeks from today.

7.

Writ Petition No. 851 of 2017 be listed on 27.10.2023. BHARAT P. DESHPANDE, J.

PRAKASH D. NAIK, J.

VAIGANKAR ESHA SAINATH ESHA SAINATH Date: 2023.09.30 16:20:11 +05'30'