:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1535 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Javed Hussain, Adv. for the petitioners. Mr.J.D.Fernandes, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 10TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The Amendment Application preferred by the petitioner has been disallowed and that order is under challenge. 2. The petitioner is the Original Plaintiff, whereas, the respondents are the Original Defendants. The suit is pending. During the pendency of the suit, the petitioner desired production of an order of the Competent Authority during the course of proceedings before the said Authority. The Authority had :2: :2: :2: before it the Application for eviction which was dismissed on 11.12.2006. The Authority proceeded on the basis that there is no Licensor and Licensee relationship. It is this fact which the petitioner desires to place on record. The objection before the Trial Court and before me is that is that, this Amendment Application is belated. That could have been taken care of by a issuing a direction to pay costs. 3. Looked it from any angle, the impugned order rejecting the Amendment Application on that ground cannot be sustained and the same is required to be quashed and set aside. It is accordingly quashed and set aside. The Amendment Application is allowed subject to petitioner paying costs quantified at Rs.2500/- within a period of 2 weeks from today to be paid to the respondents in the Trial court. Upon costs being tendered, amendment be carried out. Amended copy to be served within two weeks thereafter. Petition allowed in the :3: :3: :3: above terms. sd/- ********