IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.221 of 2008 In WRIT PETITION NO. 1891 OF 2007 Bharat Petroleum Corporation Ltd. & Anr..Petitioners V/s State of Maharashtra and Ors. .. Respondents Mr.N.H.Seervai,Senior Advocate with Firoz Palkhiwala i/b S.R.Page for Petitioner Mr.R.M.Kadam, AG with G.W.Mattos AGP for Respondent no.3 Mr.K.K.Singhavi,Senior Advocate with Ms A.K.Savla for Respondent/BMC Mr.G.D.Wangare i/b Utangale and Co. for Respondent no.6 Mr.Rajiov Chawan with Vinod Joshi and Ms Rutuja Ambekar for Respondent/Union of India Mr.Mukul Rohotgi Senior Advopcate i/b P.K.Shrofdf for Respondent no.8 Mr.J.D.Dwarkadas,Sr.Advocate i/b N.Shah and Himayatwalah for Respondent no.8A Mr Aspi Chinai, Senior Advocate i/b N.Shah and Himayatwalah for Respondent no.8C CORAM : SHRI J.N.PATEL & SHRI K.K.TATED, JJ. DATE : 5th August 2008. P.C.: 1. The Petitioner has taken out this Chamber Summons for seeking amendments as per proposed amendment annexed to the Schedule. 2. The said Chamber Summons is strongly objected by the Respondents. Respondents have filed their respective replies, particularly Respondent no.2 M.C.G.M. which has been tendered today in the Court and is taken on record. : 2 : 3. In view of the fact that the petition is yet to be admitted by this Court, we find no reason to refuse the reliefs as sought in the Chamber Summons by the Petitioner to amend the petition as per proposed amendment annexed to the Schedule. 4. The main contention of the learned Counsel for the Respondents is that the proposed amendments cannot be permitted for the reason that it proposes to challenge 1999 Corrigendum to the Notification in the order passed u/s 20(i) of U.L.C. Act. We may make it clear that it will be open for the Respondents to contest the matter on the issue of limitation, delay and laches and it will not be proper to disallow the present Chamber Summons merely on this ground as it does not cause any prejudice to the parties, who have an opportunity to meet the case of the Petitioner by raising each and every contention available to them under law. 5. Chamber Summons is therefore made absolute in terms of prayer clause (a). 6. Petitioner is directed to carry out necessary amendment within two weeks and amended copy of the petition be placed on record and the same be also : 3 : furnished to the learned Counsel appearing for the Respondents. 7. This Court grant leave to the Respondents to file additional affidavits in reply to meet the amendments carried out by the Petitioner. 8. We expect that additional affidavits in reply be filed within four weeks on receipt of amended copy of the petition and the same be served on Petitioner, so that the Petitioner may file affidavit in rejoinder, if any, within a week thereafter and the matter be listed after six weeks. (J.N. Patel, J.) (K.K. Tated, J)