1 WP No.9695/09 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9695 of 2009 Parekh Machinery Stores ... Petitioner versus Shah Subhash Wadilal and Co. ... Respondent ... Mr.A.P. Kulkarni for the petitioner. Mr.S.G. Deshmukh for respondent nos.1 and 2. CORAM : D.G. KARNIK, J DATED : 24th June 2011 P.C. 1. By this petition, petitioner challenges the order dated 15 June 2009 passed by the District Judge­II, Karad allowing the application of the respondent (original plaintiff) for amendment of the plaint. By the proposed amendment, respondent sought to correct the name of the plaintiff firm from “M/s.Shah Subhash Wadilal & Co.” to “M/s.Subhash Wadilal Shah & Co.”. It may be noted that prior to the said application, present petitioner, who was the appellant before the appellate court, had filed an application for amendment of the written statement seeking in contend that M/s.Shah Subhash Wadilal and Co. was not a firm duly registered under the Partnership Act and the suit was therefore not maintainable. That 2 WP No.9695/09 amendment was allowed. Thereafter the plaintiff sought to correct the name of the firm by applying for the amendment. The amendment sought to be made by the respondent plaintiff was consequential to the amendment made to the written statement in appeal by the petitioner. 2. In Jai JairamManohar Lal Vs. National Building Material Supply, Gurgaon, 1969 (1) SCC 869 while allowing the plaintiff change in the name at the stage of appeal before the Supreme Court, it observed that an amendment can be allowed to alter any error, commission of mis description in the names of the parties due to bonafide mistake. Counsel for the petitioner submitted that the amendment was not bonafide and the proposed change in the name was not bonafide. No such contention appears to have been raised before the appellate court. In any event, there is nothing on record to show that the amendment was malafide. In the circumstances, there is no merit in the petition which is hereby rejected. (D.G.KARNIK, J)