The Special Recovery Officer And Another v. Balasaheb Alias Shrimant Pralhad Kakade

2025:BHC-AUG:19390-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7465 OF 2025 IN CIVIL APPLICATION NO.4404 OF 2025 IN WRIT PETITION NO.10671 OF 2024 The Special Recovery Officer, Lokmangal Multi-State Co-operative Society Ltd.

And Another ...APPLICANTS

IN THE MATTER BETWEEN

Balasaheb @ Shrimant Pralhad Kakade ...PETITIONER

VERSUS

The Special Recovery Officer, Lokmangal Multi-State Co-operative Society Ltd.

And Another ...RESPONDENTS .......

Ms Jayshree N. Gite, Advocate for applicants Mr. A.S. More, Advocate for petitioner in W.P. .......

CORAM : R.G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATE :

21st July, 2025 ORDER :

Not on board. Taken on board.

2.

By this Civil Application, the applicants (original

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respondents in Writ Petition No.10671/2024) have prayed for modification/ correction the figure Rs.15,80,000/- in Civil Application No.4404/2025 as "Rs.15,80,300/-" and consequently to also correct the said figure appearing in paragraph No.3 of the order dated 21/4/2025, passed by this Court in Writ Petition No.10671/2024 with Civil Application No.4404/2025.

3.

It is submitted by learned Advocate for the applicants that, pursuant to the order dated 18/10/2024 passed by this Court, the original writ petitioner has deposited amount of Rs.15,80,300/- in this Court. Thereafter, the applicants filed Civil Application No.4404/2025 for withdrawal of the amount deposited by the original writ petitioner. However, inadvertently, in the Civil Application No.4404/2025, the amount is wrongly typed as Rs.15,80,000/-.

4.

By order dated 21/4/2025, this Court disposed of the Writ Petition by granting permission to the respondent No.1 (present applicant No.1) to withdraw the entire amount of award i.e. Rs.15,80,000/- along with interest accrued thereon till date.

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5.

It is further submitted by learned Advocate for the applicants that, the office has raised objection that the amount deposited is Rs.15,80,300/- whereas in the order dated 21/4/2025, the amount is mentioned as Rs.15,80,000/-. Therefore, the applicants have prayed for correction of the figure "Rs.15,80,000/-" appearing in Civil Application No.4404/2025 and also in the order dated 21/4/2025 as "Rs.15,80,300/-".

6.

Since the error appears to have occurred inadvertently, we allow the Civil Application No.7465/2025 in terms of prayer clauses (a) and (b) and permit the applicants to correct the figure "Rs.15,80,000/-" appearing in Civil Application No.4404/2025 as "Rs.15,80,300/- and further direct that the the figure "Rs.15,80,000/-" appearing in line No.3 of paragraph No.3 at Page No.2 of the order dated 21/4/2025 be corrected as "Rs.15,80,300/-".

(SANDIPKUMAR C. MORE, J.) (R.G. AVACHAT, J.) FMPathan