Mahavir Tarachand Chordiya And ANR v. Priyasarni R. Ramaswami And ANR

2025:BHC-AUG:10858 This Order is Speaking to Minutes order of order dated // 1 NOB-1.FA.534-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 534 OF 2025 MAHAVIR TARACHAND CHORDIYA AND ANR

VERSUS

PRIYASARNI R. RAMASWAMI AND ANR ...

None for Appellants Advocate for Respondent No.2 : Mr. Aniruddha S. Usmanpurkar ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th APRIL 2025 PER COURT :

1.

Not on board. Mentioned. Taken on board.

2.

This motion is for Speaking to the Minutes to the order dated 15.04.2025.

3.

My attention is adverted by learned Counsel Mr. Usmanpurkar to the order dated 07.02.2025 passed in Civil Application No.1326/2022, thereby forfeiting interest for the delayed period of 400 days while condoning the delay in preferring First Appeal. In Paragraph No.10 and in operative part, the forfeiture of the interest for the delayed period is not mentioned which is likely to create confusion. Learned Counsel is right in moving this Court. The mistake is inadvertent and needs to be rectified.

This Order is Speaking to Minutes order of order dated // 2 NOB-1.FA.534-2025.doc 4.

The following clause No.(ii)(a) be added in the operative part after clause (ii) :

"(ii)(a) Appellants shall not be entitled to the interest for the period of 400 days and accordingly the quantum shall be computed in above terms."

5.

Corrected copy be uploaded.

6.

Motion is disposed of.

SHAILESH P. BRAHME JUDGE NAJEEB..