The High Court of Bombay allowed a civil application to amend a writ petition to bring subsequent facts on record before admission, directed the amendment be carried out within one week, and scheduled the petition for listing.
Civil application allowed; amendment to be carried out 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.
16.CAW.1914.18 in WP.10887.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1914 OF 2018 WITH WRIT PETITION NO. 10887 OF 2017
Pramod Raghunath Bamane … Applicant/Petitioner V/s.
The State of Maharashtra & Ors. … Respondents
Mr. J.P. Kharge for the Applicant/Petitioner. Ms. M.P. Thakur, A.G.P. for Respondent Nos.1 to 4State.
CORAM : R.M. SAVANT &
K.K. SONAWANE, JJ. DATE : 4th SEPTEMBER, 2018.
P.C. :
1 The above Civil Application has been filed for seeking amendment in the above Writ Petition. The amendment sought is to bring the facts which have transpired after filing of the above Writ Petition on record. Since the above Writ Petition is at the preadmission stage, in our view it would be just and proper to allow the above Civil Application. The same is accordingly allowed. The amendments are however allowed without prejudice to the rights and contentions of the Respondents. Amendment to be carried out within one week from date.
2 The Petition to be listed on 25.09.2018. Reply affidavit, if any, to the amended Petition to be filed at least two days prior to the next date.
Digitally signed Waishali by Waishali Sushil SushilWaghmare Waghmare Date: 2018.09.0611:37:01 +0530
Waghmare
1/1
2 issues framed by the court
Whether to allow an application seeking amendment in a writ petition to bring subsequent facts on record before admission.
As to whether the amendment is allowed without prejudice to the rights of the respondents.
Pramod Raghunath Bamane
The State of Maharashtra & Ors.
R.M. Savant
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
