Bombay High CourtWP/820/2015disposed of

State Of Goa, Through The Chief Secretary And ANR., v. M/S Delcon Engineering.

2016-10-10Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 820 OF 2015 STATE OF GOA, THROUGH THE CHIEF SECRETARY AND ANR., ... Petitioners

Versus

M/S DELCON ENGINEERING.

... Respondent Ms. Priyanka Kamat, Additional Government Advocate for the Petitioners.

Shri Vivek Angelo Rodrigues, Advocate for the Respondent. Coram:- C. V. BHADANG, J.

Date:- 10th October, 2016 ORAL ORDER:

The petitioners are challenging the rejection of their application for amendment of the written statement.

2. The learned Counsel for the respondent states that he has no objection for the amendment being allowed. He submits that the respondent/plaintiff is also proposing to carry out certain amendment in the plaint of which the draft copy is given to the learned Additional Government Advocate.

3. The learned Additional Government Advocate, on instructions of Shri Kolleril Gopala Radhakrishanan, Executive Engineer, W.D. XXIII, PWD, Bicholim, who is present before the Court, states that State has no objection for granting the said amendment. Draft

WP/820/2015 amendment is taken on record and marked 'X' for identification. In such circumstances, the petition is disposed off by consent in the following terms:

O R D E R

(i) The petition is allowed.

(ii) The impugned order is hereby set aside. (iii) The application for amendment filed by the petitioners stands allowed.

(iv) The learned District Judge shall also allow amendment to the plaint as per draft amendment which may be produced before him, copy of which is furnished to the learned Additional Government Advocate.

(v) The petition is disposed off in the aforesaid terms with no order as to costs.

C. V. BHADANG, J.