The Bombay Presidency Radio Club Ltd. vs the Board of Trustees of the Port of Mumbai and Anr. — Bombay HC (2026) — LawSathi Research

The Bombay Presidency Radio Club Ltd. vs the Board of Trustees of the Port of Mumbai and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 879 of 2026 allowed in terms of prayer clauses (a) and (b): leave to amend Writ Petition No. 10446 of 2009 as per the schedule of amendment annexed thereto; amendment to be carried out within three weeks; amended copy to be served on the learned advocate for the respondents; the affidavit-in-reply filed to the interim application to be treated as a reply to the amended petition; writ petition added to the weekly final hearing board commencing 20 April 2026; re-verification, if any, dispensed with.

Issue for consideration

Whether the applicant/petitioner (The Bombay Presidency Radio Club Ltd) should be permitted to carry out amendment to Writ Petition No. 10446 of 2009 as per the schedule of amendment annexed to the petition.

Court's answer

In the facts and circumstances of the case, the Interim Application is allowed in terms of prayer clauses (a) and (b), permitting the proposed amendment to the writ petition.

Ratio / Principle

The amendment is to be carried out within three weeks; the amended copy shall be served upon the learned advocate for the respondent; and the affidavit-in-reply filed to the interim application shall be treated as a reply to the amended petition.

Key takeaways

The writ petition is added to the weekly final hearing board commencing from 20 April 2026 (administrative/scheduling direction accompanying the disposal).obiter¶24
Re-verification, if any, is dispensed with (ancillary direction accompanying the disposal).obiter¶25

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Gauri Godse, J., order dated 17 March 2026 on Interim Application No. 879 of 2026 in Writ Petition No. 10446 of 2009 (The Bombay Presidency Radio Club Ltd v. The Board of Trustees of the Port of Mumbai and Anr.). The admitted writ petition, pending final hearing, was permitted to be amended in terms of prayer clauses (a) and (b) notwithstanding the respondents' reply opposing the amendment; amendment to be carried out within three weeks and the amended copy served on the respondents' advocate; the affidavit-in-reply filed to the interim application to stand as the reply to the amended petition; the writ petition added to the weekly final hearing board commencing 20 April 2026; re-verification dispensed with.

27-ia-879-2026-wp-10446-2009.doc

varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 879 OF 2026

IN

WRIT PETITION NO. 10446 OF 2009

The Bombay Presidency Radio Club Ltd … Applicant/ Petitioner

vs.

The Board of Trustees of the Port of … Respondents Mumbai and Anr

Mr. Darius Khambata, Senior Advocate a/w. Mr. Viren A., Mr. Ahuramzada Postvala, Mr. Farid Karachiwala, Ms. Krutika Mehta i/b JSA for Petitioner.

Ms. Khushboo R. a/w. Mr. Rahul Jain and Mr. Sharan Shetty i/b. HSA Advocates for the Respondents.

CORAM : GAURI GODSE, J.

Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 2026.03.18 14:55:35 +0530

DATED : 17^th MARCH 2026

ORDER:

This application is for carrying out amendment to the petition

as per the schedule of amendment annexed to the petition. Learned senior counsel for the applicant submits that the proposed amendment pertain to the events that occurred during the pendency of the petition. He submits that the petition is admitted and pending for final hearing. Hence, the proposed amendment be permitted,

and the petition be heard on merits.

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27-ia-879-2026-wp-10446-2009.doc

Learned counsel appearing for the respondents submits that

she has filed a reply opposing the amendment. She however, submits that if the amendments are allowed, the reply to the Interim Application be treated as a reply to the amended petition.

In the facts and circumstances of the case, the application is allowed in terms of the prayer clause (a) and (b). Amendment to be carried out within three weeks. Amended copy shall be served upon the learned advocate for the respondent. The affidavit-in-reply filed to the interim application shall be treated as a reply to the amended petition.

Interim Application is allowed in the aforesaid terms.

Add the writ petition to the weekly final hearing board commencing from 20^th April 2026.

Re-verification, if any, is dispensed with.

(GAURI GODSE, J.)

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