Allowed

Nishika Roadlines Pvt. Ltd. v. Indian Oil Corporation Ltd. through the Deputy Genergal Manager and 2 Ors.

Bombay HC7 Jan 2023IA/4867/2022

Case brief

AI extract

What is this about?

The interim application for leave to amend the writ petition pending admission is allowed. Instructions are issued regarding the list of errorless facts, and leave to file an additional affidavit is granted. The matter is placed for future hearing.

What did the court decide?

Leave to amend the writ petition in tune with the draft filed and leave to file an additional affidavit.

Nishika Roadlines Pvt. Ltd. Vs Indian… — Constitutional and Fundamental Rights | Bombay HC (2023)

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3-IA-4867-2022

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pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 4867 OF 2022 IN WRIT PETITION NO. 4814 OF 2022

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Nishika Roadlines Pvt. Ltd. .. Applicant

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In the matter between :

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Nishika Roadlines Pvt. Ltd. .. Petitioner

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Vs.

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Indian Oil Corporation Ltd. & Ors. .. Respondents

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Mr. Chetan Kapadia, Mr. Ankit Lohia and Mr. Kalpesh Mehta i/by Pravin Mehta and Mithi & Co. for applicant/petitioner. Mr. Rohan Cama, Ms. Rujuta Patil, Mr. Yohaan Shah i/by Negandhi Shah & Himayatullah for respondent no.1.

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Mr. Himanshu Takke, AGP a/w Mr. Amit Shastri, AGP for respondent no.2/State.

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Mr. Ashutosh Misra for respondent no.3/UoI.

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CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

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DATE: JANUARY 7, 2023

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P.C.:

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1. We have heard the learned advocate for the applicant and the learned advocates for the non-applicants.

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2. The present application seeks leave to amend in tune with the draft amendment filed along with the application. It is submitted that there are subsequent facts that are sought to be brought on record.

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3-IA-4867-2022

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3. The writ petition is at nascent stage. The same pending admission. Even otherwise, the non-applicants have every opportunity to controvert the pleadings sought by amendment.

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4. For the reasons stated in the application, the present application is allowed in terms of prayer clause (a).

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5. The learned counsel for the applicant submits that the amendment will be carried out by 10^th January, 2023.

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6. Place the matter on 23^rd January, 2023.

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7. Respondents may file reply before the next date.

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8. The petitioner seeks leave to file additional affidavit. The same be filed with the Registry.

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(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)

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Digitally signed byPRAVIN PRAVINDASHARATH DASHARATHPANDIT PANDIT Date: 2023.01.07 18:30:32 +0530

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Nishika Roadlines Pvt. Ltd. v. Indian Oil Corporation Ltd. through the Deputy Genergal Manager and 2 Ors.

Case brief

What is this about?

What did the court decide?

Nishika Roadlines Pvt. Ltd. v. Indian Oil Corporation Ltd. through the Deputy Genergal Manager and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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