Maharashtra State P.W.D. ... vs The Pune Municipal Corporation ...
2022 Latest Caselaw 7534 Bom

                                                                           as3-wp6334-15.doc

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
           Digitally signed by
VASANT     VASANT
ANANDRAO   ANANDRAO IDHOL
                                      WRIT PETITION NO.6334 OF 2015
IDHOL      Date: 2022.08.04
           10:31:50 +0530



              Maharashtra State P.W.D. Employees
              Co-operative Housing Society Ltd.                           ...Petitioner
                        V/s.
              Pune Municipal Corporation & Anr.                           ...Respondents



              Mr.Girish S. Godbole with Mr.Shivraj Patne i/b Mr.Aditya P. Shirke
              for the Petitioner.

              Mr.Rajeeep S. Khadapkar for the Respondent No.1.

              Mr.Rahul P. Kasbekar i/b Mr.Surel S. Shah for the Respondent No.2.


                                              CORAM : R.D. DHANUKA &
                                                      KAMAL KHATA, JJ.

DATE : 2ND AUGUST, 2022.

P.C. :-

1. Mr.Godbole, learned counsel for the petitioner tenders

draft amendment pursuant to the liberty granted by this Court vide

order dated 25th July, 2022. A copy of the draft amendment is served

upon the respondents yesterday.

2. In view of the statement made by the learned counsel for

the respondents that their clients would have no objection if

amendment is allowed provided a copy of the draft amendment

as3-wp6334-15.doc

tendered in advance by the applicant. We grant leave to the petitioner

to amend the petition in terms of the draft amendment tendered

across the bar. The draft amendment is taken on record and marked

"X" for identification.

3. The amendment shall be carried out within one week from

today. The amendment shall also be carried out in the copies

supplied to the respondents. It is made clear that merely because

we have permitted this amendment as tendered by the learned

counsel for the petitioner, none of the respondents be deemed to

have accepted any of the averments made or the contentions raised

in the said amendment. The merits of the amendment shall be

decided by this Court during the course of the argument. The

respondents would be at liberty to file additional affidavit in reply to

the amended portion of the writ petition within two weeks from the

date of carrying out amendment in their copies with a copy to be

served upon the petitioner's advocate simultaneously. Rejoinder, if

any, shall be filed within one week thereafter.

4. Hearing of this petition is expedited by the Hon'ble

Supreme Court. The parties are at liberty to file brief proposition of

law, synopsis and compilation of judgments which they propose to

reply upon in support of their rival contentions with a copy to be

served upon the other side in advance before the next date.

as3-wp6334-15.doc

5. Place the matter on board for hearing and final disposal at

2.30 p.m. on 15th September, 2022.

(KAMAL KHATA, J.)                              (R.D. DHANUKA, J.)