This court disposed of a civil application seeking leave to amend a writ petition by admitting the amendment within a week to avoid multiplicity of proceedings.
Civil application made absolute; applicant to amend petition within one week.
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.
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902-caw-912-11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 912 OF 2011 IN
WRIT PETITION NO. 9224 OF 2010
Life Insurance Corporation of India .. Applicant/Petitioner vs. National Insurance Company Ltd. & Anr. .. Respondents
Mr. R. Basu i/b. The Law Point for Applicant / Petitioner. Mr. Vikas Warekar i/b. Warekar & Warekar for Respondent No. 1.
CORAM : M. S. SONAK, J. DATE : 26 APRIL 2016
P.C :
1] By this civil application, the applicant seeks to amend the writ petition, in view of certain subsequent developments. Mr. Warekar, learned counsel for the respondent no. 1 submits that there is no case made out for granting leave to amend and if necessary, it is for the petitioner, to file a separate petition.
2] Considering the averments in the civil application, and the circumstance that the applicant seeks to add certain grounds to the petition which is already admitted, leave to amend can always be granted in order to avoid multiplicity of proceedings. Accordingly, the civil application is made absolute in terms of prayer clauses (a) and (b). The applicant to carry out amendment within a period of one
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902-caw-912-11
week from today and thereafter serve the amended copy of the petition to the respondents. The respondents are at liberty to file additional affidavit in reply, if they so desire.
(M. S. SONAK, J.)
Chandka
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1 issue framed by the court
Whether leave to amend the writ petition to add grounds should be granted.
Life Insurance Corporation of India
National Insurance Company Ltd.
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
