1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.763 OF 2010 IN WRIT PETITION NO. 531 OF 2009 All India ONGC Ex-Employees Welfare Association (Regd.) : Applicants versus Oil & Natural Gas Corporation Ltd & ors. : Respondents. Mr.Abhay Kulkarni i/by Smt.Priti S Shah for the Applicants. Mr.Kapadia i/by M/s. Vyas 7 Bhalwal for the Respondent No.1. Mr. Y S Bhate with Mr. N R Prajapati for Respondent No.3/UOI CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 26th April 2010 P.C. : 1. Counsel for the Respondent No.1 has only two objections to oppose this civil application. Firstly, the presence of Mr.T N Seshan as Respondent No.4 is unnecessary as he is neither necessary party nor proper party to the issue in these proceedings. Secondly, according to the Respondents, the grievance now made is already addressed in terms of order dated 24 th March 2008 passed in Writ Petition No.6593 of 2003. 2 2. In so far as first objection is concerned, we find merits in that stand. Inasmuch as, even if the Petitioners are right in contending that the ultimate decision of Respondent Nos.1 and 2 was based on the report of Mr.T N Seshan, that does not mean that Mr.T N Seshan should be made party to the writ petition. If the Petitioners succeed in their challenge to the impugned communication, the opinion in the report, which is only recommendatory one, will be of no avail. 3. In the circumstances, the amendment sought in terms of Para-2 in the Schedule of Amendment is rejected. 4. In so far as other amendments are concerned, subject to the objection taken by the Respondents that the grievance put forth by way of this amendment, has already been addressed by this Court on the earlier occasion, leaving that question open, the prayer for amendment is granted. 5. It will be open to the Respondents to counter the said position by filing reply affidavit, if so advised which contentions can be considered at the time of final hearing. 3 6. This civil application is allowed on the above terms. 7. Amendment be carried out within two weeks from today, failing which, the writ petition to stand dismissed for non-prosecution without further reference to the Court. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)