Kalpesh Babulal Jain And Anr vs Sheikh Abdul Kased And Ors
2022 Latest Caselaw 2379 Bom

                                                                          17. WP-2337-2022.doc

BDP-SPS-TAC



 BHARAT
 DASHARATH
 PANDIT
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 Digitally signed
 by BHARAT
 DASHARATH
                                        CIVIL APPELLATE JURISDICTION
                                     WRIT PETITION NO. 2337 OF 2022
 PANDIT
 Date: 2022.03.11
 10:56:23 +0530




                    KALPESH BABULAL JAIN & ANR               ...Petitioners.
                             V/s
                    SHEIKH ABDUL KASED AND ORS               ...Respondents.

                                                    WITH
                                        WRIT PETITION NO. 2339 OF 2022

                    KALPESH BABULAL JAIN & ANR               ...Petitioners.
                             V/s
                    SHEIKH ABDUL KASED AND ORS               ...Respondents.

                                                    WITH
                                        WRIT PETITION NO. 2340 OF 2022


                    KALPESH BABULAL JAIN & ANR               ...Petitioners.
                             V/s
                    SHEIKH ABDUL KASED AND ORS.              ...Respondents.

                    Dr. Abhinav Chandrachud a/w Dharam Sharma a/w Uma Sharma i/b
                    Dharam & Co. for the Petitioners in all the above Writ Petitions.
                    Mr. G.S Godbole i/b M/s. Sukeshi Bhandari for Respondent Nos. 1 and
                    2 in all the above Writ Petitions.
                    Mr. Sanket Mungale for Respondent Nos. 1 to 6 in Writ Petition
                    No.2337 of 2022 and Writ Petition No.2340 of 2022 and for
                    Respondent Nos. 1 to 7 in Writ Petition No.2339 of 2022.

                                        CORAM: NITIN W. SAMBRE, J.

                                        DATE:    MARCH 09, 2022

                    P.C.:-

                    1]       Submissions of Dr. Chandrachud, learned Counsel appearing for


                                                     17. WP-2337-2022.doc

the Petitioners are, the order impugned granting amendment is based on contradictory stand taken by the Plaintiffs/Respondents which is not permissible in law. He has invited attention of this Court to the judgments of the Apex Court in the matters of B.K. Narayana Pillai vs. Parameswaran Pillai and Anr reported in (2000) 1 SCC 712, Suzuki Parasasrampuria Suitings Private Limited vs. Official Liquidator reported in (2018) 10 SCC 707 and in the matter of Vimal Chand Ghevarchand Jain and Others vs. Ramakant Eknath Jadoo reported in (2009) 5 SCC 713.

2] The order impugned reflects a finding that plea which is sought to inserted by way of amendment is contradictory to the one which is already set up in the Plaint.

3] In the wake of above, Mr. Godbole, learned Counsel for the Respondents seeks time to file an affidavit objecting the said finding. Liberty granted.

4] Let the affidavit be placed on record within two weeks from today with an advance copy to the Petitioners.

5]    Stand over to 04/04/2022.


                                  ( NITIN W. SAMBRE, J. )