← Library
Bombay High CourtFA/1123/2011partly allowed and partly dismissed

Kalpana Vijaybachchav And 2 ORS v. Eknath Baburao Auchite And 2 ORS

2025-12-19Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:36328 This Order is Speaking to Minutes order of order dated // FA-1123-2011 (Speaking) -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1123 OF 2011 Smt. Kalpana Vijay Bachchhav and Ors.

... Appellants

Versus

Shri Eknath Baburao Auchite and Anr.

... Respondents .....

Mr. S. S. Patil h/f. Ms. Nima R. Suryawanshi, Advocate for Appellants. .....

CORAM : ABHAY S. WAGHWASE, J.

DATED : 22 DECEMBER 2025 ORDER :

1.

Not on board. Upon mentioning taken on board. 2.

The present praecipe is moved by learned counsel for the appellants for 'Speaking to Minutes' of order dated 19.12.2025. 3.

It is submitted that, in operative part, clause (a) of the the judgment dated 19.12.2025 mentions "the interest at 9% per annum as determined above", but the date from which the interest is to accrue, has not been clarified. Therefore, clarification is required. 4.

In view of above, in the judgment dated 19.12.2025, the operative part, clause (a), is modified as under :- "(a) Appeal is partly allowed. Impugned judgment and award dated 05.12.2006 passed in MACP No. 507 of 2000 is modified. Total compensation is Rs.34,95,690/- as determined above, along with interest @ 9% per annum from the date of registration of claim petition till its realization."

This Order is Speaking to Minutes order of order dated // FA-1123-2011 (Speaking) -25.

Secondly, in clause (e) of the operative part of the judgment, word "claimants" be replaced and it be read as "claimants/appellants".

6.

Corrected order be uploaded accordingly.

7.

Motion, is accordingly disposed off.

(ABHAY S. WAGHWASE, J.) Tandale