Civil Appeals allowed amendment to rename a proposed respondent and permitted initial prayer clauses, clarifying that interim relief requires a separate application before final disposal of the writ petition.
Amendment to change respondent's name and include initial prayer clauses allowed; interim reliefs deferred to separate application.
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914.caw.1880.13 wp.4960.06.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1880 OF 2013 IN
WRIT PETITION NO. 4960 OF 2006
Bank of Baroda ... Applicant/Petitioner Vs.
Jayant R. Kananai ... Respondent
Mr.Shivajirao N. Satpute a/w. Mr.P. K. Hushing and Mr.Sachin Satpute, Advocate for Applicant.
None for Respondent.
CORAM : V. M. KANADE & K. R. SHRIRAM, JJ.
DATE : AUGUST 8, 2013.
P.C.
1 Leave to amend is granted to amend the Civil Application to
change the name of proposed Respondent No.4 from ‘Paresh’ to
‘Prakash’. Amendment to be carried out within two weeks.
2 Heard the learned counsel appearing on behalf of the Applicant. None appears for the Respondent, though served. The Applicant is seeking amendment to the present Petition which has
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Shraddha Talekar P.A.
914.caw.1880.13 wp.4960.06.doc
been admitted by this Court and is pending for final disposal. Since no reply has been filed to this and none appeared for the Respondent though served, the application for amendment is allowed.
3 It is however clarified that the said amendment has been allowed subject to objections if any which may be raised at the time of hearing of the Petition.
So far as prayer clause (c) is concerned, the Applicant is seeking interim and ad-interim reliefs in terms of the amended Petition. The said interim or ad-interim reliefs cannot be granted in this application for amendment and for that purpose, the Applicant has to take out a separate application. The application is accordingly allowed in terms of prayer clauses (a) and (b).
The Civil Application is accordingly disposed of.
[K. R. SHRIRAM, J.] [V. M. KANADE, J.]
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Shraddha Talekar P.A.
1 issue framed by the court
Whether an amendment to rename a proposed respondent and initial prayer clauses can be allowed in a pending civil application.
1 provisions across 1 enactments
Bank of Baroda
Jayant R. Kananai
V. M. Kanade
K. R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
