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Bombay High Court

SHYAM SUNDER S.VARSHNEYversusMHADA AND 3 ORS

Decided
Disposal
DISPOSED OFF

Holding

The Court permitted the applicant to file the additional affidavit within two weeks.

Summary

In an interim application filed by Shyam Sunder S. Varshney against MHADA and others, the Court was asked to allow the applicant to bring on record an order dated 7 December 2006 passed in S.C. Suit No. 2732 of 2002 by filing an additional affidavit. The Court examined the procedural propriety of permitting such a filing at the interim stage. It held that the applicant may be permitted to file the additional affidavit, subject to a two‑week deadline. Consequently, the application was disposed of with the order granting permission. No substantive merits of the main writ petition were addressed.

Issues considered

  • Whether the applicant should be permitted to file an additional affidavit to bring on record the order dated 7 December 2006 in the pending proceedings

Subjects

  • interim application
  • additional affidavit
  • civil procedure
  • order to produce documents
  • disposal of application

Judgment

                                                             11-ia 214-23.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                    INTERIM APPLICATION NO. 214 OF 2023
                                    IN
                      WRIT PETITION NO. 2013 OF 2022

Shyam Sunder S. Varshney                                  … Applicant
       Versus
MHADA & Ors.                                              ... Respondents

                         __________________________

Mr. Mitesh Varshney for the Applicant.
Smt. Poonam Mittal, AGP for the Respondent-State.
Ms. Anjali Ghuge for Respondent No.3-BMC.
Mr. P. G. Lad a/w. Ms. Sayali Apte for Respondent No.1-MHADA.
                       __________________________

                                  CORAM     : M. S. KARNIK AND
                                              SHYAM C. CHANDAK, JJ.
                                  DATED     : 24th MARCH, 2026.

P.C. :

1.       The applicant is permitted to bring on record the Order dated 7 th

December, 2006 passed in S. C. Suit No. 2732 of 2002 by way of an

Additional Affidavit. The same be done within a period of two weeks from

today.

2.       The application is disposed of.



     (SHYAM C. CHANDAK, J.)                           (M. S. KARNIK, J.)




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