1. Mr.
Champaneri, learned counsel for petitioners has submitted that it was in view of the observations made by the Court that the petitioners moved the amendment, however, the respondent has chosen to oppose the proposed amendment. He further submitted that even if the respondent wants to oppose the amendment, appropriate affidavit disputing the details mentioned in the affidavit, which ought to have been filed, has not been filed. He submitted that instead the respondent has filed affidavit raising objection against the amendment.
2. Mr. Joshi, learned counsel for the respondent has vehemently submitted that the proposed amendment is, actually, no amendment in eye of law. It is not supported by affidavit and it runs into 22 pages and the proposed amendment does not deserve to be entertained. He, however, accepted that the affidavit which has been filed is not a composite affidavit. The respondent would file a composite affidavit raising objection against the proposed amendment dealing with the factual details or legal contentions incorporated by the petitioners in the proposed amendment.
3. Having regard to the said submissions, below mentioned order is passed:
It will be open to the respondent to file, within two weeks from today, composite affidavit dealing with the details mentioned by the petitioners in proposed amendment by keeping the objections, if any, open. In response, if petitioners want to file any reply to the composite affidavit then the same may be filed within 10 days thereafter, after serving copy to the respondents. After the pleadings are concluded, the office will list the petition for further hearing on 12th June 2012.
(K.M.THAKER, J.) jani Top