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Bombay High Court

Unity Mall Premises Co Op Soc Ltd vs Vasai Virar Municipal Corporation And ... on 2 August, 2022

Author: R.D. Dhanuka

Bench: R.D. Dhanuka

                                                                         1-wp5683-22.doc

   vai

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
           Digitally signed by
VASANT     VASANT
ANANDRAO   ANANDRAO IDHOL
                                      WRIT PETITION NO.5683 OF 2022
IDHOL      Date: 2022.08.04
           10:31:50 +0530



              M/s.Unity Mall CSL & Ors.                               ...Petitioners
                         V/s.
              Vasai - Virar City Municipal Corporation & Ors.         ...Respondents


              Dr.Veerendra Tilzapurkar, Senior Counsel with Mr.Vivien
              Tulzapurkar, Mr.Nitin Raut, Ms.G.P. Rao and Ms.Jainy H. Rughani i/b
              P.Vas & Co. for the Petitioners.

              Ms.Swati H. Sagvekar for the Respondent Nos.1 to 3.

              Mr.Rajiv Narula with Mr.Tarang Jagtiani i/b Jhangiani Narula &
              Associates for the Respondent No.4.

                                             CORAM : R.D. DHANUKA &
                                                     KAMAL KHATA, JJ.

DATE : 2ND AUGUST, 2022.

P.C. :-

1. Mr.Narula, learned counsel for the respondent no.4.

tenders additional affidavit affirmed on 29th July, 2022 and has served a copy thereof upon the petitioner. In view of the stand taken in the additional affidavit by the respondent no.4, Dr.Tulzapurkar, learned senior counsel for the petitioners seeks leave to amend the petition. Since the writ petition is not yet admitted, we grant leave to the petitioners to amend the petition to add additional averments, grounds and prayers. The amendment shall be carried out within one 1/2 1-wp5683-22.doc week from today. The amendment shall also be carried out in the copies supplied to the respondents within one week from the date of carrying out amendment. The respondents would be at liberty to tile additional affidavit in reply to the amended portion of the petition within two weeks from the date of service of the amended portion of the petition. Rejoinder, if any, shall be filed within one week thereafter with a copy thereof to be served upon the respondents' advocate simultaneously.

2. Place the matter on board for admission on 15th September, 2022 at 2.30 p.m.

3. Ad-interim relief granted by this Court on 4th May, 2022 and continued by further orders to continue till next date.

(KAMAL KHATA, J.)                                  (R.D. DHANUKA, J.)




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