This interim application was moved to seek leave to amend the writ petition. The Court allowed the amendment ((a)), keeping all contentions open, and directed the petitioner to incorporate specific corrections in the respondent array within one week.
Interim application allowed; amendments to Writ Petition permitted.
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.
906-IA.649.2023
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 649 OF 2023 IN
WRIT PETITION NO. 1149 OF 2023
Praful Kanhaiyalal Talera } Applicant/Petitioner versus Union of India & Ors. } Respondents
WITH PUBLIC INTEREST LITIGATION NO. 65 OF 2011
WITH CIVIL APPLICATION NO. 138 OF 2015 WITH CIVIL APPLICATION NO. 157 OF 2011
WITH CIVIL APPLICATION NO. 51 OF 2014
WITH
PUBLIC INTEREST LITIGATION NO. 67 OF 2011
Mr. Praful Talera, applicant in-person in IA/649/2023.
Mr. S. R. Nargolkar, Amicus Curiae , through VC.
Mr. Mohamedali M. Chunawala with Mr. P. S. Gujar for respondent no. 1 (UoI).
Mr. Hubab Sayyed i/b. Vidhi Partners for respondent no. 5 (SEBI).
Ms. Shyamali Gadre i/b. Little & Co. for respondent (SASF) in PIL/65/2011.
Mr. Harjot Singh i/b. Raval Shah & Co. for respondent no. 10 in WP/1149/2023.
Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Mr. M. M. Pabale, AGP for State.
JAYANT VISHWANATH SALUNKE
Digitally signed by JAYANT VISHWANATHSALUNKE Date: 2023.11.30 17:28:18 +0530
Ms. Vinita Hombalkar for proposed respondent no. 14 in IA/649/2023.
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906-IA.649.2023
Ms. Roop Bora with Ms. Heenal Madhure for proposed respondent no. 15 in IA/649/2023.
Mr. Vinod Joshi for respondent CAG.
Mr. Raufa Shaikh with Mr. Yuvraj Narvankar for respondent no. 13 (SASF).
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE: 30th NOVEMBER 2023
P.C.:
1. This interim application (IA/649/2023) has been moved seeking leave of the Court to permit amendments in the writ petition.
2. Learned counsel representing the proposed respondents have opposed the prayer by stating that having regard to the subject matter of the writ petition, no cause of action can be said to have accrued to the petitioner against the proposed respondents.
3. The writ petition is yet to be heard for admission. Accordingly, we allow the interim application in terms of prayer clause (a), which reads as under: -
“(a) That this Hon’ble Court be pleased to allow the amendment of Writ Petition as per the Schedule annexed to this application.”
4. The prayer for amendment is allowed keeping all the contentions and objections open to the respondents/proposed respondents.
5. Let the necessary amendments be incorporated in the writ petition by the petitioner, who appears in-person, within a
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906-IA.649.2023
period of one week. While incorporating the amendments in the array of respondents, the serial numbers of the respondents shall be correctly mentioned, which shall start from serial number 11 and not from serial number 10.
6. The petitioner shall file amended copy of the writ petition during this week after serving a copy thereof on the learned counsel for the respondents as well as the learned Amicus Curiae .
7. Stand over to 11th December 2023 ( High on Board ).
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
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3 issues framed by the court
Whether leave of the Court can be granted to permit amendments in the writ petition.
Whether cause of action has accrued against proposed respondents.
Whether specific requirements for amending the respondent array can be prescribed.
Praful Kanhaiyalal Talera
Union of India
State Securities Appellate Tribunal
State
Devendra Kumar Upadhyaya
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
