Civil Application for an amendment in a PIL prayer. The applicant prayed for the amendment without menacing prejudice to the respondents. The Court allowed the amendment and directed the applicant to carry it out by a specified date.
Application allowed; applicant directed to carry out amendment by 9th September, 2019.
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.
ca312319.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO.3123 OF 2019 IN PUBLIC INTEREST LITIGATION NO.86 OF 2018
Sanjay Bhaskarrao Kale Applicant
Versus
The State of Maharashtra & another
Respondents
Ms.P.S.Talekar, advocate I/by Talekar & Associates for the applicant.
Mrs.M.A.Deshpande, AGP for Respondent No.1. Mr.N.R.Bhavar, advocate for Respondent No.2.
CORAM : PRASANNA B. VARALE &
AVINASH G. GHAROTE, JJ.
DATE : 05th September, 2019
PER COURT:
2 It is the submission of Ms.Talekar that by way of present application, the applicant prays for amendment thereby seeking a challenge to the subsequent resolution and as such, no serious prejudice is going to cause to the respondents by allowing the amendment.
ca312319.odt
2 In view of the submissions of Ms.Talekar and for the
reasons stated in the application, application is allowed. Needless to state that the applicant to carry out the amendment by Monday,
9th September, 2019.
AVINASH G. GHAROTE JUDGE
PRASANNA B. VARALE JUDGE
adb/
2 issues framed by the court
Whether the applicant, having sparked an amendment prayer without menacing the respondents by allowing the same in a PIL.
Whether the court should allow an amendment to a civil application in a PIL under these circumstances.
Sanjay Bhaskarrao Kale
The State of Maharashtra
Prasanna B. Varale
Avinash G. Gharote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
