- 1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8329 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Dilip Bodake for the Petitioner. Shri S.D. Rayrikar, AGP for Respondent No.1. Ms Minakshi Surve i/by Shri R.A. Thorat for Respondent Nos.3­A to 3D, 4 to 10. ­­ CORAM : A.S.OKA, J. DATE : 24th February, 2010. P.C.: . Heard learned counsel appearing for the Petitioner and the learned counsel appearing for the contesting Respondent. 2. An application for amendment of the Plaint made by the Petitioner has been rejected by the Trial Court by passing the impugned order. The learned counsel appearing for the contesting Respondents has pointed out that the application will be governed by the proviso to Rule 17 of Order VI of the Code of Civil Procedure, 1908. There is absolutely no explanation as to why the - 2 application for amendment was made after commencement of the trial. Faced with this difficulty, the learned counsel appearing for the Petitioner prays that the Petitioner may be permitted to withdraw the Application at Exhibit 44 with liberty to file a fresh application incorporating the explanation for the delay. 3. The said request is reasonable and deserves to be granted. 4. The Writ Petition is disposed of by passing the following order. (a) The Petitioner is permitted to withdraw the Application at Exhibit­44 with liberty to file a fresh application for the same relief. (b) In view of withdrawal of the said Application at Exhibit­44, the impugned order has become inoperative. (c) If fresh application for the same relief is made, it will be open for the Respondents to contest the said application on all permissible grounds. - 3 (d) All contentions of the parties on merits are kept open. (e) The Writ Petition is disposed of in above terms. (A.S.OKA, J) ash