New Shree Swami Samartha Borivade Housing Company Private Ltd And ANR v. Thane Municipal Corporation And ORS
503-ASIA-12378-2024 IN WP-6607-2024.DOC Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12378 OF 2024 IN WRIT PETITION NO. 6607 OF 2024 ...Applicants New Shree Swami Samartha Borivade Housing Company Pvt Ltd & Anr In the matter between New Shree Swami Samartha Borivade Housing
...Petitioners
Company Pvt Ltd & Anr
Versus
Thane Municipal Corporation & Ors
...Respondents
Mr Kunal Dwarkadas, with Karan bhide & Nilesh Tated, i/b Mahimtura & Co, for the Applicants/Petitioners. Mr NR Bubna,for the Respondent-Corporation.
Mr SS Patwardhan, i/b Ms Mrinal Shelar, for Respondent No. 3.
CORAM:
M.S. Sonak & Kamal Khata, JJ DATED:
24th September 2024 Digitally signed by ASHWINI GAJAKOSH Date:
2024.09.25 12:26:18 +0530 PC:- ASHWINI GAJAKOSH 1.
Heard learned Counsel for the parties.
2.
This is an application seeking leave to amend Petition which is yet to be admitted. The amendment seeks to place on record
503-ASIA-12378-2024 IN WP-6607-2024.DOC certain developments that is taken place after the institution of the Petition.
3.
Learned Counsel for the Respondents state that any withdrawal of proceedings after the institution of the Petition cannot be a ground to plead on the maintainability or entertainability of the Petition.
4.
The above contention will be considered at stage of admission of the Petition. Today, we are only concerned with granting the Petitioners leave to amend the Petition which is yet to be admitted.
5.
Therefore by keeping all contentions and defences of the parties open, we grant the Petitioners leave to amend the Petition in terms of the schedule annexed to the Interim application. 6.
Learned Counsel for the Applicants state that amendment would be carried out within a week from today and amended copy will be served upon the learned Counsel for the Respondents. 7.
The Interim Application is disposed of.
(Kamal Khata, J) (M.S. Sonak, J)