1. Rule. Mr. Rohan Yagnik, learned AGP waives service of Notice of Rule on behalf opponent Nos. 1, 2, 4 and 5, Mr. Nanavati, learned advocate waives service of Notice of Rule on behalf of opponent No.3 and Mr. Desai, learned advocate waives service of Notice of Rule on behalf of opponent No.6
2. Heard Mr. Buch learned advocate for the applicant, Mr. Yagnik, learned AGP for opponent No.1, 2, 4 and 5, Mr. K.T. Dave learned Sr. Central Counsel with Mr. Nanavati, learned advocate for opponent No.3 and Mr. Desai, learned advocate for opponent No.6-original petitioner.
3. The applicant has taken out present application seeking below mentioned relief/s:-
"21 (A) Your Lordships may be pleased to admit and allow this application by permitting the applicant to be impleaded as party respondent No.6 in the Special Civil Application No.7378 of 2012.
(B) Your Lordships may be pleased to pass such other and further order as may be necessary in the interest of justice."
4. Mr. Buch, learned advocate for applicant has submitted that actually opponent No.6 alone is the affected and concerned party so far as present application is concerned, inasmuch as the other opponents would not have any objection if the request made in present application is granted.
5. So far as opponent No.6 is concerned Mr. Desai, learned advocate has submitted that opponent No.6 also has no objection if the request made in present application is granted. In view of the said consensus and consent by opponent No.6 below mentioned order is passed.
(A) The relief prayed for in paragraph No.21 (A) is granted.
(B) The applicant herein is permitted to join the proceeding related to SCA No.7378 of 2012 as respondent No.6 at its own cost.
(C) Necessary amendment in the cause title to be carried out forthwith.
The application is allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent.
(K.M.THAKER,J.) Suresh* Top