The chamber court allowed an amendment seeking incorporation of new paragraphs and prayer clauses in a writ petition pending pre-admission, noting the petitioner’s recent acquittal, and listed the petition for admission.
Amendment to writ petition allowed by incorporation of paragraphs 51A to 51K and prayer clauses (b-1), (b-2), (b-3).
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.
(43) chs-67.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.67 OF 2018 IN
WRIT PETITION NO.550 OF 2014
Gope Laxmichand Badlani
: Applicant.
In the matter of
Gope Laxmichand Badlani : Petitioner. Versus Oriental Bank of Commerce : Respondent.
Mr. Mohan Bir Singh I/by MBS & Co. for the Applicant/Petitioner. Mr. H Kumar Vaidyanathan a/w Ms. Purnata Raiyani for the Respondent.
CORAM : R. M. SAVANT & K. K. SONAWANE, JJ. DATE : 07th SEPTEMBER 2018
P.C.
1 The above Chamber Summons has been filed for seeking to amend the above Writ Petition in terms of the Schedule which is annexed to the Chamber Summons. The Schedule inter alia contains the averments to be incorporated by way of Paragraphs 51A to 51K as also additional prayer clauses (b-1), (b-2) and (b-3) in the above Writ Petition.
2 The amendment sought is on the basis of the subsequent events which have transpired after filing of the above Writ Petition. One of the subsequent events is the acquittal of the Applicant/Petitioner in Criminal Case No.5066 of 2013 by the Chief Judicial Magistrate, Chandigarh. The Petitioner
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(43) chs-67.18.doc
by way of incorporating the prayer clauses (b-1), (b-2) and (b-3) claims a sum of Rs.1,20,00,000/- as an amount which the Petitioner would have to been entitled to from 15/12/1995 till his date of superannuation i.e. 31/03/2012. The Petitioner further by way of prayer clause (b-2) is seeking compensation in the sum of Rs.90,00,000/- as also a sum of Rs.10,00,00,000/- as compensation for malicious, malafide and baseless litigation as also costs of litigation computed at Rs.25,00,000/-.
3 In our view, since the above Writ Petition is at the pre-admission stage. Without going into the merits of the case sought to be incorporated as also without prejudice to the rights and contentions of the Respondent Bank qua the amendment sought, the above Chamber Summons can be allowed and is accordingly allowed in terms of prayer clause (a). Amendment to be carried out within two weeks from date and the amended copy of the Writ Petition to be served on the learned counsel for the Respondent-Bank. The RespondentBank would be at liberty to file its reply to the amended Writ Petition within four weeks of the amended copy of the Petition being served on the learned counsel for the Respondent. Rejoinder if any to be kept ready. List the above Writ Petition for admission on 19/10/2018. the above Chamber Summons is
accordingly disposed of.
Laxmikant Gopal Chandan
[K. K. SONAWANE, J] [R.M.SAVANT, J]
Digitally signed by Laxmikant Gopal Chandan Date: 2018.09.10 15:58:18 +0530
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Gope Laxmichand Badlani
Oriental Bank of Commerce
R. M. Savant
K. K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court