1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5831. [Shri Sanjay S/o Himmatrao Pande] Vs. [The District Controller, Mah. State Road Transport Corporation, Chandrapur.] ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N. R. Bhishikar, Advocate for the petitioner. Coram: A. H. JOSHI, J. Dated: 9th January 2008. 1. The petitioner herein who is aggrieved by the rejection of application for amendment has filed this petition,. The petitioner original plaintiff has filed the suit challenging the act of respondent in issuing the fresh tender notice. 2. During pendency of the suit, may be because he did not get interim order, he has participated in tender process. His bid was highest, and it was accepted. The petitioner has 2 started working on the basis of the new contract. 3. The petitioner had occasion to amend the plaint and to pray for the relief in the background that he was required to pay higher costs since he was required to participate in new tendering process on various occasion as follows when :- (a) he was required to go for bidding nd he was required to tender higher price, (b) higher offer was accepted; (c) stepped into the witness box; (d) lost the suit and was required to file the appeal 4. The plaintiff did not take recourse to file the amendment application, on any of the occasions noted above and now when the appeal is listed for final hearing after dispensing with the paper book, now he wants to amend the plaint under the 3 pretext that he has an inexperienced Lawyer. 5. On what is noted above, the prayer for amendment is belated. 6. Therefore, now the petitioner cannot be permitted to amend the plaint by taking recourse to new technique of blaming his advocate as a novice and an inexperienced lawyer. JUDGE Sbm