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2026 DAILYLAW 12647 (BOM)

SUNIL VASUDEO NERURKAR AND ORS v. MAZGAON DOCK SHIPBUILDERS LTD. (FORMERLY MAZGAON DOCL LTD. ) AND ORS

IA/13607/2023 · 2026-09-29

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 : 1. By this Interim Application, the Applicants / original Petitioners have sought permission to amend the Writ Petition No. 3156 of 2020 as per schedule to the Interim Application. 1/4 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.09.30 10:42:26 +0530 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. 2/4 904-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. 3/4 904-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.] 4/4