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Bombay High CourtIA/1538/2023disposed off

Mr. Sanjiv Puri v. Mr. Rahul Anand

2023-02-20Hon'Ble Shri Justice Amit Borkar2 pages

33-fa-155-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.155 OF 2023 Rahul Anand ... Appellant V/s.

Sunjiv Puri & Anr.

... Respondent WITH INTERIM APPLICATION NO.1538 OF 2023 IN FIRST APPEAL NO.155 OF 2023 Sunjiv Puri ... Applicant V/s.

Rahul Anand ... Respondent Mr. J.K. Jadhav for the appellant.

Ms. Simran Puri for the applicant in IA/1538/2023 & for the respondent No.1 in FA/155/2023.

Mr. Durgaprasad Poojari i/by PDS Legal for the respondent No.2.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 20, 2023 P.C.:

FIRST APPEAL NO. 155 OF 2023 The appellant is permitted to file private paper book within six (6) months.

33-fa-155-2023.doc INTERIM APPLICATION NO. 1538 OF 2023 1.

The application has been filed seeking direction to the Registrar City Civil Court to disburse to the applicant the amount as permitted by this Court by order dated 14th October 2022. 2.

This Court by order dated 14th October 2022 permitted the applicant/original claimant to withdraw the amount of Rs.3,51,775/- with accrued interest. However, due to difficulty in the name mentioned, the request for withdrawal has not been complied with. It is stated that in the plaint name of the applicant is mentioned as "Sunjiv" however, in Aadhar Card and Pan Card, the said name is shown as "Sanjiv". The said mistake being clerical mistake.

3.

For the aforesaid reason, the interim application is allowed in terms of prayer clause (a).

4.

The applicant is permitted to file undertaking in the name of "Sanjiv".

5.

The interim application stands disposed of.

(AMIT BORKAR, J.)