1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 533/2010. ( New India Assurance Co. Ltd. and another -: versus :- Ashok Sadashiv Mamurkar ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 4, 2010. Heard Shri M.M. Sudame, learned counsel for petitioners. Petitioners/defendants wanted to amend their written statement after receipt of affidavit on examination in chief. Said affidavit contained a statement that brother of respondent/plaintiff drove the luxury bus for its trial. Because of this statement petitioners wanted to plead on record that as per the Insurance Policy, as the bus was on trial run the Insurance Company could have been held responsible. The Court below has found the amendment belated. Shri Sudame, learned counsel has invited attention to plaint to urge that in plaint this fact that it was on trial run was not disclosed. Perusal of plaint paragraph no.3 shows that bus was driven by brother of respondent / 2 plaintiff to examine the temperature meter without any passenger. Thus only words ‘trial run’ is missing. Thus necessary facts are already on record, and I do not find anything wrong in the view taken by the trial Court. Writ Petition is therefore dismissed. No cost. JUDGE Rgd.