Subhash Ranu Kadam v. Ex. Engineer, Lift Irrigation Division, Osmanabad And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 CIVIL APPLICATION NO.1666 OF 2019 IN FA/805/2018 SUBHASH RANU KADAM

VERSUS

EX. ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD AND ORS.

...

Advocate for Applicant : Mr. Ingale Vivekanand V. Mr. V. R. Sonwalkar, Adv. For R/1;

Mr. PM Kulkarni, AGP for Respondent-State --- CORAM : P.R. BORA, J.

DATED : 28th January, 2019.

PER COURT:- 1.

The applicant has filed the present application for correction in his name, as has been mentioned in the array of claimant in LAR No. 191/2007. It is his contention that in certified copy of the judgment delivered in aforesaid LAR, his name has been mentioned as Subhash Rama Kadam, whereas, it should have been Subhash Ranu Kadam. The learned counsel, therefore, has prayed for permitting him to effect the necessary amendment in his name in the array of claimant.

2.

Such a request cannot be accepted by this court and that can be done only by the Reference Court. However, it is further contended by the learned counsel that since in the certified copy,

(2) the applicant's name has been shown as Subhash Rama Kadam, the Registry is not allowing him to withdraw the amount as permitted by this Court. It has to be mentioned that in the Award, name of the present applicant is correctly mentioned as Subhash Ranu Kadam.

3.

I have gone through the original record also. In the application preferred by the applicant, he has correctly mentioned his name as Subhash Ranu Kadam. However, the mistake seems to have occurred while transcribing the judgment passed by the Reference Court. However, such mistake can be corrected by that court, however, for that reason, the applicant cannot be refused withdrawal. The Registry is directed to make payment, as directed by this Court, to the present applicant in his name, i.e. Subhash Ranu Kadam. The civil application stands disposed of.

4.

The matter be remitted to the Reference Court so as to correct name of the present applicant. The Reference Court is directed to effect necessary corrections in the name of the applicant and after correction, send the record to this court.

(P.R. BORA) JUDGE bdv