Madanlal Harilal Gupta v. Loyal Auto Globe Pvt Ltd And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.11.21 18:43:45 +0530 INTERIM APPLICATION NO.13283 OF 2025 JITENDRA SHANKAR NIJASURE IN WRIT PETITION NO.17808 OF 2024 Madanlal Harilal Gupta ...Applicant / Petitioner

Versus

Loyal Motors Pvt. Ltd. & Ors.

...Respondents

---------- Ashiwini Kumar Singh with Vinay Bhanushali and Sanmit Vaze for the Applicant.

Manoj Kumar Mishra for the Respondent No.1.

Mr. Ojas Gole for the Central Bank of India - Respondent No.3. Mr. Paras Jadhav h/f. Anjali Helekar for the Respondent No.4. ---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 21ST NOVEMBER, 2025.

ORDER :

1.

By this Interim Application, the Applicant / Petitioner has sought for permission to amend the pleadings in the Writ Petition in terms of schedule - 1 annexed as Annexure 1 to the Interim Application.

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2.

The Applicant has stated that it is necessary to amend the Petition to challenge the newly scheduled auction on 24th November, 2025 and to protect the interest of victims and depositors like the Petitioner whose funds were deposited with the financial establishment. The proposed amendment is also in light of Order dated 4th March, 2025 passed by the MPID Court. 3.

Mr. Kapadia, the learned Counsel appearing for the Respondent No.3 and Mr. Manoj Kumar, the learned Counsel for Respondent No.1 have sought to address the amendments on merits. 4.

Considering that this is a proposed amendment to the Petition, by keeping all rights and contentions of the Respondents on the merits of the amendment open, the Petitioner is permitted to amend the Writ Petition in terms of Schedule 1 annexed to the Interim Application and which amendment shall be carried out by 24th November, 2025. Re-verification is dispensed with. 5.

The amended Writ Petition shall be served upon the Respondents simultaneously upon the amendment being carried out. 2/3

6.

The Respondents are at liberty to file Affidavit in Reply to the amended Writ Petition which shall be filed within a period of one week from service of the amended Writ Petition. 7.

The Petitioner is at liberty to file Affidavit in Rejoinder there to within a period of one week thereafter. 8.

Place the Writ Petition for consideration on 9th December, 2025.

[ FARHAN P. DUBASH, J. ] [ R.I. CHAGLA J. ] 3/3