Allowed

Pyramid E and C Projects Pvt. Ltd. v. the Assam Petro- Chemicals Limited and 3 Ors.

Gauhati HC10 Dec 2020I.A.(Civil)/1449/2020

Case brief

AI extract

What is this about?

In an interim application, the Gauhati High Court examined a prayer filed by the petitioner seeking leave to amend the writ petition. The Court granted the leave to amend, directing the petitioner to file the amended petition within 15 days.

What did the court decide?

Leave to amend the writ petition was granted. The petitioner was directed to file the amended petition within 15 days.

Pyramid E and C Projects Pvt. Ltd. Vs the… — Civil Procedure and Limitation | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010121092020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1449/2020

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PYRAMID E AND C PROJECTS PVT. LTD

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A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED HEAD OFFICES AT 6TH FLOOR, B WING, I THINK TECHNO CAMPUS, OFF. EASTERN EXPRESS HIGHWAY, POKHRAN ROAD NO. 2, THANE WEST, MAHARASTRA INDIA-400607 AND REP. B HEREIN BY ITS DIRECTOR PROPOSALS PYRAMID E AND C PROJECTS LTD.

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VERSUS

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THE ASSAM PETRO- CHEMICALS LIMITED AND 3 ORS. A GOVT. OF ASSAM UNDERTAKING, HAVING ITS HEAD OFFICE AND FACTORY SITE AT NAMRUP, P.O. PARBATPUR, DIST. DIBRUGARH, ASSAM, PIN-786623

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2:THE MANAGING DIRECTOR ASSAM PETRO-CHEMICALS LTD. 4TH FLOOR ORION PLACE MAHAPURUSH SRIMANTA SANKARDEV PATH BHANGAGARH GUWAHATI-781005

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3:THE SARASWAT CO-OPERATIVE BANK LTD.

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A SCHEDULED URBAN CO-OPERATIVE BANKING INSTITUTION WITH ITS REGISTERED OFFICES AT EKANATH TAHKUR BHAWAN 953 APPARSAHEB MARATHE MARG PRABHADEVI MUMBAI-400025 MAHARASHTRA.

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4:THE ICICI BANK LTD. SOHAM PLAZA CHAITALSAF MANPADA

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Page No.# 2/3

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THANE GODHUNDER ROAD THANE (W)-4000607 REP. BY ITS BRANCH MANAGE

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Advocate for the Petitioner : MR. P K TIWARI

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 10-12-2020

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Heard Mr. R.J. Das, learned counsel for the applicant. Also heard Mr. N. Deka, learned counsel appearing for the respondent Nos. 1 to 3.

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Service of notice appears to be complete on respondent No. 4. However, none has appeared for the said respondent.

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This I.A. has been filed with a prayer to grant leave to amend the writ petition in terms of

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the statement made in the application. It appears that the connected writ petition was

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filed by the petitioner apprehending termination of the contract. However, during the

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pendency of the writ petition, the contract has actually been terminated. Hence, the prayer for granting leave to amend the writ petition.

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I have perused the statement made in the I.A.

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The respondent Nos. 1 and 2 have filed affidavit-in-opposition opposing the prayer made in the I.A.

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Page No.# 3/3

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However, after hearing the submission of learned counsel for both the parties and on perusal of the materials available on record, I am of the view that the prayer made in the

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I.A. is justified and therefore, the same deserves to be allowed by this Court.

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As such, leave to amend the writ petition is hereby granted. The petitioner to file a copy

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of the amended writ petition within 15 days by serving advance copy upon the respondents’ counsel.

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Let this matter be listed accordingly.

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I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Pyramid E and C Projects Pvt. Ltd. v. the Assam Petro- Chemicals Limited and 3 Ors.

Case brief

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Pyramid E and C Projects Pvt. Ltd. v. the Assam Petro- Chemicals Limited and 3 Ors.

Case brief

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What the court decided

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