Bombay High Court
SUNIL VASUDEO NERURKAR AND ORSversusMAZGAON DOCK SHIPBUILDERS LTD. (FORMERLY MAZGAON DOCL LTD. ) AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the amendment of the writ petition only after deleting the reliance on the Ministry of Law and Justice opinion and rejecting the newly added prayer.
Summary
The petitioners sought to amend Writ Petition No. 3156 of 2020 by adding reliance on an opinion of the Ministry of Law and Justice and introducing an additional prayer. The Court, noting that the petitioners had not explained how the Ministry opinion was obtained, initially refused to allow the amendment. Upon receipt of a revised schedule that deleted the Ministry reliance but added a new prayer, the Court examined the changes and found the new prayer impermissible. Consequently, the Court permitted the amendment only to the extent that it removed the reliance on the Ministry opinion and the Union of India as a party, while rejecting the added prayer. The petitioners were directed to file the amended petition within two weeks, serve it on the respondents, and the respondents were allowed to file affidavits in reply. The interim application was thereafter disposed of.
Issues considered
- Whether the petitioners may amend the writ petition by relying on an opinion of the Ministry of Law and Justice without disclosing how the opinion was obtained
- Whether an additional prayer not previously sought may be incorporated in the amendment
Subjects
- amendment of writ petition
- interim application
- procedural order
- reliance on Ministry opinion
- Union of India
- deletion of prayer
Judgment
904-IA-13607-23.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13607 OF 2023
IN
WRIT PETITION NO. 3156 OF 2020
Sunil Vasudeo Nerurkar & Ors. …Applicants /
Petitioners
Versus
Mazgaon Dock Shipbuilders Ltd. & Ors. …Respondents
----------
Mr. Pradyumna M. Mokashi for the Applicants/Petitioners.
Mr. P.M. Palshikar a/w Mr. Anand Pal, Mr. Netaji Gawade i/b M/s.
Sanjay Udeshi & Co. for the Respondent No. 1.
Mr. Suresh Kumar a/w Ms. Smita Thakur for the Respondent Nos. 2
and 3.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J
DATE : 29 September 2026
ORDER :
SHARAYU
PANDURANG
KHOT
1. By this Interim Application, the Applicants / original
Digitally
signed by
SHARAYU
PANDURANG
Petitioners have sought permission to amend the Writ Petition No.
KHOT
Date:
2026.09.30
10:42:26
+0530
3156 of 2020 as per schedule to the Interim Application.
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904-IA-13607-23.doc
2. By an order dated 24th August 2026, this Court had
upon perusing the schedule of amendment, considered that there was
a reliance placed upon an opinion of Ministry of Law and Justice,
Department of Legal Affairs.
3. This Court had accordingly, not considered it appropriate
to allow the Petitioners to amend the Writ Petition by placing such
reliance, without any explanation as to how the opinion has been
obtained. It was also considered that the sole purpose of joining
Union of India through Ministry of Law and Justice appears to be the
opinion relied upon, for which the Applicants/Petitioners have not
stated as to how the opinion has been obtained.
4. The Petitioner upon being directed to revise the schedule
of amendment, and thereupon it being considered, has tendered by
way of Praecipe dated 28th September 2026, the revised schedule.
5. Having perused the revised schedule, it appears that an
additional prayer has been incorporated, which was not permitted to
be incorporated by this Court.
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904-IA-13607-23.doc
6. We accordingly, do not accept the amended prayer in the
revised schedule.
7. Further, the Applicants/Petitioners have deleted the
reliance on the note/opinion of Ministry of Law and Justice,
Department of Legal Affairs in the revised schedule. This is
accordingly allowed.
8. There is also deletion of the addition of Ministry of Law
and Justice in the revised schedule. This is also allowed.
9. Considering that the Petitioner has sought addition
grounds in the Petition, which can be responded to by the
Respondents, we consider it appropriate to allow the Petitioner to
amend the Writ Petition in terms of the schedule to the Interim
Application, barring the addition of the Union of India through
Ministry of Law and Justice and reliance on the note dated 23rd
March 2018 of Union of India through Ministry of Law and Justice in
paragraph 4 of the schedule. This shall be deleted from the schedule
and the Registry shall permit the Petitioner to carry out this deletion.
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904-IA-13607-23.doc
10. The Petitioner shall accordingly, carry out the
amendment in terms of this order, and which amendment, shall be
carried out within a period of two weeks from today, viz. on or before
13th October 2026. Re-verification is dispensed with.
11. The amended Petition shall be served by Petitioners on
the Respondents.
12. Respondents are permitted to file their Affidavits in
Reply to the amended Writ Petition on or before 19th November
2026.
13. The Writ Petition shall be placed on 25th November
2026 for consideration.
14. The Interim Application is accordingly, disposed of in
these terms.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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