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Bombay High CourtIA/2882/2024disposed off

Ashok Upadhyay, Senior Manager v. Union Bank Of India

2025-01-10Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

1/2 13 IA-2882-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.01.14 16:20:14 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2882 OF 2024 IN WRIT PETITION NO.2385 OF 2024 Ashok Upadhyay, Senior Manager ..

Petitioner

Versus

Union Bank of India & Ors.

..

Respondents ...

Mr.Sanjay Kelkar with Mr.Omkar Kelkar for the Applicant/ Petitioner.

Mr.Ashok D. Shetty with Ms.Rita K. Joshi & Mr.Swapnil b. Kamble for the Respondent Nos.1 to 3.

...

CORAM: BHARATI DANGRE & ASHWIN D. BHOBE, JJ.

DATED : 10th JANUARY, 2025 P.C:- 1.

On 05/07/2024, it was pointed out to the Court that the action of the Bank was based on a complaint made by one of the employee and, therefore, the counsel for the Petitioner sought leave to amend the Petition, so as to join her as party respondent. He also agreed that he would serve notice upon her and file affidavit of service.

2.

The present Interim Application is filed, seeking amendment in the Petition as per the Schedule appended thereto, which include the impleadment of Complainant as M.M.Salgaonkar

2/2 13 IA-2882-24.odt Respondent No.4 and insertion of certain pleadings in the Petition, including the grounds.

Learned counsel representing the Bank has No-objection to effect the amendment.

3.

We allow the Interim Application, by permitting the Petitioner to amend the Petition in terms of the Schedule. However, at the same time, as far as newly added Respondent No.4 is concerned, her name shall be redacted and even in the Interim Application, which is filed, the same exercise shall be repeated, by replacing her name with 'XYZ'.

Let the necessary amendment be carried out within a period of two weeks from today. Amended copy of the Petition be served upon all the Respondents.

We permit the notice to the newly added Respondent No.4 to be served through an employer i.e. Union Bank of India. We expect the learned counsel for the Petitioner to hand over a notice indicating the next date of hearing in the Petition as 24/02/2025 to the Union Bank of India, who shall ensure its service on newly added Respondent No.4.

4.

The newly added Respondent No.4 as well as the Bank are permitted to file their reply affidavits, which shall also include the response to the amended pleadings, which are permitted to be inserted as per Schedule.

(ASHWIN D. BHOBE, J.) (BHARATI DANGRE, J.) M.M.Salgaonkar