1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.44/2010 Allauddin Pirbhai Virani Vs. Ramchandra Ghulluram Nakshane Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Prashant Gode, Adv. for the petitioner. CORAM: B.P.DHARMADHIKARI, J. DATE : 7TH JULY, 2010. 1] None for the respondent. 2] This Court had issued notice for final disposal. Though the respondent is served, he has chosen not to appear before the Court and, therefore, this Court has given him opportunity on 12th April 2010 and 3rd May, 2010. 3] Advocate Gode contends that the respondent has filed Change Report in format and it was objected by the petitioner. No reply came to be filed to that objection and the respondent has chosen to file his affidavit in evidence directly. In that affidavit, he disclosed a meeting dated 24.6.2007 allegedly enrolling some persons as members. Because of this first disclosure, the petitioner moved an application for amendment and that has been rejected by applying principles of Order 6 Rule 17 as amended. The affidavit-evidence came to be tendered without any pleadings and hence amendment ought to 2 have been allowed. 4] Perusal of the impugned order does not show that the facts stated above are incorrect. The affidavit has been filed on 31.1.2009 and thereafter leave to amend has been sought on 20.6.2009. 5] In this situation, I find that except for some delay on the part of the petitioner, there cannot be any objection. The impugned order dated 5.9.2009 is, therefore, quashed and set aside. Ex.20 is hereby allowed, but the same shall be allowed subject to payment of cost of Rs. 1000/- (Rs. one thousand only) by the petitioner to respondent before the Assistant Charity Commissioner, Yavatmal by 30th July, 2010. If the costs are paid, the amendment will be allowed to be effected. Thereafter the Assistant Charity Commissioner to proceed further. Rule is made absolute accordingly. No costs. JUDGE Ambulkar.