1/2 S.B.CIVIL WRIT PETITION NO.1371/2009 (M/s Lalit Marble (P) Ltd. vs. AVVNL & ANR.) DATE OF ORDER : 20/2/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Deelip Kawadia, for the petitioner. Heard learned counsel for the petitioner. This writ petition is directed against the order of trial court dated 9/2/2009, whereby, the learned trial court rejected the application of the plaintiff under Order 6 Rule 17 CPC rejecting the amendment in the suit seeking to add para no. 11-A in the plaint. Learned counsel for the petitioner submits criminal proceedings initiated by the respondent department – Ajmer Vidhyut Vitran Nigam Ltd., Ajmer was contrary to the compromise between the parties under which the compounding of the charges took place and 50% of such compounded charges were paid by the petitioner under the orders passed by the trial court in Temporary Injunction Application. The plaintiff has also made a prayer in the suit that if any criminal proceedings are initiated by the Ajmer Vidhyut Vitran Nigam Ltd. against the plaintiff, the plaintiff would not be bound for such compounding of charges. Since the original plaint contains such prayer, the learned trial 2/2 court rightly rejected the amendment seeking to bring on record the amendment of the same nature. Learned counsel for the petitioner submits that it is only extension of relief. This Court is of the opinion that without amendment in the plaint, learned court below is entitled to mould the relief and since original plaint contains such relief, the impugned order does not suffer from any illegality so as to call for any interference under Article 227 of the Constitution of India. The writ petition is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.s-2 baweja/-