1. Heard Ms. Alka R. Patel, learned advocate for Mr. Kirtidev R. Dave, learned advocate for the applicant and Mr. Rajesh M. Chauhan, learned advocate for Mr. H.S. Munshaw, learned advocate for the opponent.
2. Rule returnable forthwith. At the request of learned advocate for the applicant and learned advocate for the opponent the application is taken up for final hearing today.
3. The applicant has prayed for below mentioned relief/s:-
"5
(a).........
(b) Your Lordships be pleased to allow the applicant to add para-14a to e and 17-b-1, 17-c-1 as referred above in Special Civil Application No.4954 of 2012.
(c).............."
4. The petition being Special Civil Application No.4954 of 2012 is still at Notice stage and is not admitted. Before further hearing could take place the applicant has preferred present application seeking permission to amend the petition.
5. Mr. Rajesh M. Chauhan, learned advocate for Mr. H.S. Munshaw, learned advocate for opponent has submitted that without prejudice to the respondents' right to file affidavit dealing with the submissions and allegations sought to be incorporated in the petition by way of present application and to oppose the said allegations as well as amended prayer, the opponent has no objection if the request as prayed for is granted.
6. Therefore, while keeping respondents' right to file reply affidavit with regard to the allegations and submissions sought to be incorporated in the petition by way of amendment, the request as prayed for in paragraph No.5 (b) is granted. The petitioner is permitted to amend the petition as per request made in paragraph No.5(b). The petitioner will file amended memo of petition and will also supply amended copy of the petition along with entire set of documents and annexures to the respondents. On the said condition request is granted.
The application is allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent.
(K.M.THAKER,J.) Suresh* Top