Nandkumar Shankar Gaikwad v. State Of Maharashtra Through Prin. Secretary, Ministry Of Health And Family Welfare, Mumbai And ORS

50-ASIA-6412-2024.DOC Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6412 OF 2024 IN WRIT PETITION NO. 4172 OF 2022 Nandkumar Shankar Gaikwad ...Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

Mr Abhijit Tulsankar, for the Applicant.

Ms Rupali Shinde, AGP, for the Respondent - State. Mr Kamlesh Ghumre, for Respondent Nos. 2 to 7. Mr Rohit Sakhdeo, for Respondent No.9 (CIDCO). Ms Sayali Sawant, for the Respondent Nos. 11, 12 and 13.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

24th June 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

This is an application seeking leave to amend the Petition. Amendment is necessitated due to subsequent development. The Petition is yet to be admitted and we see no reason why leave is not to be granted. However, Ms. Sawant, learned Counsel for the Respondent Nos. 11, 12 and 13 seeks some time to file reply in order to deal with the allegations contained in the Interim Application. 24th June 2024

50-ASIA-6412-2024.DOC 3.

The fact that we are allowing amendment does not mean that we are accepting the allegations if any in the Interim Application. Respondent to whom Ms. Sawant represents would be given sufficient opportunity to file reply to the amended Petition. In fact, all the respondents would be given sufficient opportunity to file their replies to the amended Petition.

4.

Accordingly, this Interim Application is allowed. Leave is granted to amend the Petition. Amendment to be carried out within two weeks and amended copy of the Petition be served upon the Learned Counsel for the parties within same period i.e. on or before 8th July 2024.

5.

If the Respondents wish to file their reply, they may do so within four weeks i.e. by 5th August, 2024.

6.

List the Petition on 9th August, 2024.

(Kamal Khata, J) (M.S. Sonak, J) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.06.26 16:59:55 +0530 24th June 2024