Allowed

Bharat Sanchar Nigam Ltd. through General Mangaer, v. the Municipal Commissioner Pimpri-Chinchwad Municipal Corporation

Bombay HC21 Feb 2018CAW/368/2018

Case brief

AI extract

What is this about?

Two civil applications filed by Bharat Sanchar Nigam Ltd. sought to amend writ petitions. The applicants objected to the amendment on grounds of delay and impending appeal. The court allowed the amendment pending final hearing, keeping objections open.

What did the court decide?

Amendment to the civil applications is allowed subject to objections remaining open for final hearing.

Bharat Sanchar Nigam Ltd. through General… — Civil Procedure and Limitation | Bombay HC (2018)

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CAW. 364-18, 368-18.doc

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VPH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION No. 364 OF 2018

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WRIT PETITION No. 7134 OF 2006

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Bharat Sanchar Nigam Ltd.

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… Applicant

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Vs.

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The Municipal Corporation, Nashik

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… Respondent

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WITH

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CIVIL APPLICATION No. 368 OF 2018 IN

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WRIT PETITION No. 2224 OF 2006

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Bharat Sanchar Nigam Ltd. … Applicant Vs.

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The Municipal Corporation, Pimpri – Chinchwad Municipal Corporation… Respondent

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Mrs. Neeta V. Masurkar, for the Applicant.

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Mr. M. L. Patil, for Respondent No. 1 in CAW. 364/2018.

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CORAM : A. S. OKA, & P. N. DESHMUKH, JJ.

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DATE : FEBRUARY 21, 2018

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PC :

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Heard the learned counsel appearing for the Applicant and the learned counsel for the Municipal Corporation. The learned counsel for the Municipal Corporation objects to the proposed

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CAW. 364-18, 368-18.doc

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amendment in both the petitions on the ground of delay, and on the ground that in the light of law laid down by the Apex Court in the case of Ahmadabad Municipal Corporation Vs. GIL Infrastructure Ltd. & Ors., in Civil Appeal Nos. 5360 – 5363 of 2013 dated 16^th December, 2016, the remedy of the Applicant is to prefer an appeal under Section 406 of the Maharashtra Municipal Corporation Act, 1949.

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The writ petitions have already been admitted for final hearing. By the proposed amendment, the Applicant is seeking to add additional grounds of challenge. Hence, without prejudice to the objections raised by the Municipal Corporation, amendment deserves to be allowed. Accordingly, both the civil applications are allowed and disposed of in terms of prayer clause (b) subject to the condition that the objections raised by the Municipal Corporation will remain open, which will be considered at the time of final hearing of the writ petitions. Amendment to be carried out within 2 weeks from the date on which this order is uploaded.

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Immediately thereafter, both the petitions shall be added to the appropriate weekly board under the caption “directions”.

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Vinayak Halemath

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Bharat Sanchar Nigam Ltd. through General Mangaer, v. the Municipal Commissioner Pimpri-Chinchwad Municipal Corporation

Case brief

What is this about?

What did the court decide?

Bharat Sanchar Nigam Ltd. through General Mangaer, v. the Municipal Commissioner Pimpri-Chinchwad Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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