Bombay High Court
Sewri Nilgiri Udyog Bhavan Co-Op. Soc. ... vs Municipal Corp. Of Gr. Mumbai And Anr on 26 March, 2019
Author: M.S.Sonak
Bench: M.S.Sonak
1 11) wp2575-19.doc
SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2575 OF 2019
Sewri Nilgiri Udyog Bhavan Co-op. Society Ltd. ..Petitioner.
V/s.
Municipal Corporation of Greater Mumbai & Anr. ..Respondents.
Mr.Prasad S.Dani, Senior Advocate i/b. Yakshay Chheda for the
petitioner.
Mr.G.S.Godbole with Ms.Kavita A.Shah for the respondent.
CORAM : M.S.SONAK, J.
DATE : MARCH 26, 2019
P.C.:-
Heard Mr.Dani, learned senior counsel for the petitioner and Mr.Godbole, learned counsel for the respondent.
2. Challenge is to the order dated November 1, 2018 by which learned trial Judge by which learned trial Judge has rejected the Chamber Summons for leave to amend the plaint. Leave to amend the suit was applied for after the trial was concluded and the matter was posted for arguments in the matter.
3. In the aforesaid circumstances, there is no case made out to exercise supervisory jurisdiction under Article 227 of the Constitution of ::: Uploaded on - 27/03/2019 ::: Downloaded on - 28/03/2019 01:47:40 ::: 2 11) wp2575-19.doc India. That liberty can always be granted to the petitioner to challenge the impugned order by resorting to the provisions of section 105 of the Code of Civil Procedure, if the suit is decided against the petitioner and the petitioner seeks to appeal against such decree.
4. Accordingly, the petition is disposed of with liberty as aforesaid.
5. There shall be no order as to costs.
6. All contentions of the parties onb merits are left open for determination by an appropriate forum at an appropriate stage.
7. All concerned to act on the basis of an authenticated copy of this order.
(M.S.SONAK, J.) ::: Uploaded on - 27/03/2019 ::: Downloaded on - 28/03/2019 01:47:40 :::