Babasaheb Devchand Jadhav v. Bajaj Auto Limited, Aurangabad

{1} ca3405-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3405 OF 2015 IN WRIT PETITION NO.5375 OF 2005 Babasaheb Devchand Jadhav APPLICANT

VERSUS

Bajaj Auto Limited RESPONDENT .......

Mr. Ajinkya Kale h/f Mr. S. B. Talekar, Advocate for the applicant .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 7 th JULY, 2017 ORDER :

1.

The matter has been moved for 'speaking to the minutes'. 2.

None present for the respondent despite on earlier occasion matter having adjourned. As such, the matter is being proceeded with.

3.

Heard learned advocate for the applicant.

4.

Learned advocate for the applicant submits that inadvertently, prayer clause "B" has been referred to under order dated 14th March, 2017 passed in civil application No.3407 of 2015. He points out that the main proceedings have already

{2} ca3405-15 been disposed of and 50% amount had already been withdrawn. In view of dismissal of the main petition, the applicant is entitled to the balance of 50% amount to be withdrawn without any condition. However, while recording the order inadvertently prayer clause "B" came to be recorded in place of prayer clause "A".

5.

The request for replacing prayer clause "B" in order dated 14th March, 2017 by referring to prayer clause "A", in the circumstances, appears to be appropriate.

6.

As such, necessary corrections be carried out in order dated 14th March, 2017 in civil application No. 3405 of 2015 by replacing prayer clause "B" with prayer clause "A". Copies issued, if any, be deemed to be corrected accordingly. 7.

Motion for 'speaking to the minutes' stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca3405-15