Raj Bhojwani And 3 ORS v. The Learned Divisional Joint Registrar And 12 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2489 OF 2024 Raj Bhojwani & Ors.
...Petitioners
Versus
The Learned Divisional Joint Registrar & Ors.
...Respondents
WITH INTERIM APPLICATION NO.199 OF 2024 IN WRIT PETITION NO.2489 OF 2024 Raj Bhojwani & Ors.
...Applicants
IN THE MATTER BETWEEN
Raj Bhojwani & Ors.
...Petitioners
Versus
The Learned Divisional Joint Registrar & Ors.
...Respondents
______________________________________________________________ Ankit Lohia a/w Mr. Ishvendra Tiwari i/b Sonal Doshi & Co., for the Petitioners/Applicants.
N. N. Bhadrashete i/b Priyanka N. Bhadrashete, for Resp. Nos.3 to 7. Javer N. Mamniya, for Respondent No.8.
Mayur Khandeparkar i/b Arjun Lingalod, for Respondent Nos.9 to 13. Mohit Jadhav, Addl. G.P., for the Respondent Nos.1 & 2. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.
DATED: 24 JUNE 2024 P. C.:
1.
This Interim Application is preferred for amendment of the Writ Petition in terms of the Schedule annexed to the Interim Application. 2.
Mr. Bhadrashete, learned Counsel for Respondent Nos.3 to 7
states that with respect to some orders which are sought to be challenged by way of amendment, there is an alternate remedy available. However, that point can be raised in the Affidavit-in-Reply of the Respondent or also can be raised at the time of hearing of the Writ Petition for admission.
3.
The Writ Petition is pending for admission. Therefore, the Interim Application No.199 of 2024 seeking amendment in the Writ Petition can be allowed in the interest of justice.
4.
It is made clear that the Respondents are entitled to file their Affidavits-in-Replies to the amended Writ Petition as well as to the original Writ Petition, if not filed earlier. 5.
Accordingly, the Interim Application is allowed in the following terms:
(a) The Interim Application No.199 of 2024 is allowed in terms of prayer clause (a).
(b) The Applicant i.e. Petitioner to amend the Writ Petition on or before 28th June 2024.
(c) Amended copy of the Writ Petition be served on all the parties on or before 1st July 2024.
(d) The Respondents are at liberty to file additional Affidavitsin-Reply to the amended Writ Petition and also to original Writ Petition, if not earlier filed within a period of two weeks thereafter.
6.
Stand over to 24th July 2024 at 2.30 p.m..
7.
Ad interim relief to continue till the next date. [MADHAV J. JAMDAR, J.]