Chamber summons sought to amend a writ petition challenging a notification. The bench allowed the amendment, permitting respondents to contest the issue of limitation, and scheduled the matter for hearing after written responses.
Chamber summons granted; petitioner to carry out amendments within two weeks and amend copy filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.221 of 2008
In
WRIT PETITION NO. 1891 OF 2007
Bharat Petroleum Corporation Ltd. & Anr..Petitioners
V/s
State of Maharashtra and Ors. .. Respondents Mr.N.H.Seervai,Senior Advocate with Firoz Palkhiwala i/b S.R.Page for Petitioner Mr.R.M.Kadam, AG with G.W.Mattos AGP for Respondent no.3 Mr.K.K.Singhavi,Senior Advocate with Ms A.K.Savla for Respondent/BMC Mr.G.D.Wangare i/b Utangale and Co. for Respondent no.6 Mr.Rajiov Chawan with Vinod Joshi and Ms Rutuja Ambekar for Respondent/Union of India Mr.Mukul Rohotgi Senior Advopcate i/b P.K.Shrofdf for Respondent no.8 Mr.J.D.Dwarkadas,Sr.Advocate i/b N.Shah and Himayatwalah for Respondent no.8A Mr Aspi Chinai, Senior Advocate i/b N.Shah and Himayatwalah for Respondent no.8C CORAM : SHRI J.N.PATEL & SHRI K.K.TATED, JJ. DATE : 5th August 2008. P.C.: 1. The Petitioner has taken out this Chamber Summons for seeking amendments as per proposed amendment annexed to the Schedule. 2. The said Chamber Summons is strongly objected by the Respondents. Respondents have filed their respective replies, particularly Respondent no.2 M.C.G.M. which has been tendered today in the Court and is taken on record.
: 2 :
amendment annexed to the Schedule.
| 4. | The | main | contention | of | the | learne | d Cou |
nsel | for | the |
|
|---|---|---|---|---|---|---|---|---|---|---|---|
| Respondent | s | is | that the |
proposed | am |
endments | c | annot | be |
||
| permitted | for | the |
reason | th | at it |
pro |
poses | to | challenge | ||
| 1999 |
Corri | gendum | to |
the | Not | ification | in | the | order | passed |
|
| u/s |
20(i) | of | U.L.C. | Act. |
We | may | make | it |
clear | that it |
|
| will | be | op |
en fo |
r the |
Resp | ondents | to | contest | th |
e | matter |
| on the |
issue | of | limitation, | d | elay | and | laches | an | d | it will |
|
| not | be | proper | to disa |
llow | the | presen | t Cha |
mber | Summons | ||
| merely | on | this | grou |
nd as |
it | does | not | caus | e |
any | prejudice |
| to the |
p | arties, | who | have | an | oppo | rtunity | to | meet | the case |
of the Petitioner by raising each and every contention
available to them under law.
of prayer clause (a).
| 6. | Petitioner | is | directed | to carry |
out |
n | ecessary | |||
|---|---|---|---|---|---|---|---|---|---|---|
| amendment | within | two | weeks | and | amended | copy | of | the | ||
| petition | be | placed | on | rec | ord | and the |
same | be | also |
: 3 :
furnished to the learned Counsel appearing for the
Respondents.
additional affidavits in reply to meet the amendments
carried out by the Petitioner.
| 8. | We | expect | that | additi | onal | affidavits | in | reply | be |
|---|---|---|---|---|---|---|---|---|---|
| filed | within | four | weeks | on | rece | ipt of |
amended | copy | of |
| the | petition | and | the | same | be | served | on Pet |
itioner, | so |
| that | the | Petitioner | ma | y |
file | affidavit | in | rejoinder, | if |
any, within a week thereafter and the matter be listed
after six weeks.
(J.N. Patel, J.)
1 issue framed by the court
Whether the petitioner can be allowed to amend the writ petition to challenge the 1999 Corrigendum to the Notification despite the delay.
Bharat Petroleum Corporation Ltd. & Anr.
State of Maharashtra
Union of India
J.N. Patel
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
