In light of the objection raised by Mr.A. L. Shah, learned advocate appearing with Mr.Mehta, learned advocate for the respondent - company with regard to the certain defects attached to the petition and its annexures and the affidavit in support of the petition, Mr.N. K. Pahwa, learned advocate for the petitioner has submitted today that the petitioner intends to remove the defects and place on record the correct and complete document which ought to be at Annexure - A (at page Nos.21 to 33) in view of the averments in para-1 at page-2 of memo of petition; and to cure the defect attached to the supporting affidavit by filing affidavit in accordance with prescribed rules and the provisions of the Act and that so as to complete the formality viz. of seeking permission of the Court to cure the defect the petitioner would move appropriate application.
Mr.N. K.
Pahwa, learned advocate for the petitioner has orally requested for permission to allow the petitioner to make necessary amendment so as to cure the defect by filing appropriate affidavit in accordance with the rules and provisions of the Act and affirming the petition in accordance with the prescribed rules and to permit the petitioner to place on record the relevant and proper document at Annexure - A as per the averments in para-1 of the memo. Considering the nature of request, the Court is, at this stage, inclined to accept the request of the applicant for permission to cure the defects, however, it is necessary and appropriate that the applicant presents appropriate application seeking permission of the Court to remove the defect, on which appropriate order granting the request can be passed. Mr.Pahwa, learned advocate for the petitioner has, therefore, submitted that the applicant would shortly i.e. within a day or two move appropriate application and until then the proceedings of present petition may be adjourned. Hence, S.O to 14th November 2011.
[ K. M. THAKER, J. ] vijay Top