Faridabee Hussain Khan Pathan And Others v. National Insurance Co. Ltd. And ANR

1 ca 13357.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13357 OF 2024 IN FIRST APPEAL NO. 819 OF 2015 Faridabee Hussain Khan Pathan and others .. Applicants

Versus

National Insurance Co. Ltd. and another .. Respondents Shri Mukul Deshmukh, Advocate h/f Shri Vinod P. Patil, Advocate for the Applicants.

CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST MARCH, 2025.

FINAL ORDER :

.

This application is filed in disposed of first appeal seeking correction of the name of the applicant No. 4/Majaharkhan Hussain Khan. In the title cause of the judgment the respondent No. 4 is described as Majaharkhan Hussain Khan Pathan. However, it should have been Majharkhan Hussain Khan. This mistake is cropped up because of incorrect name given by the appellants themselves in the memo of first appeal. The mistake appears to be innocuous. Due to the difference in the name, the applicants are finding it difficult to withdraw the amount. 2.

In that view of the matter, it is desirable to permit the applicants to amend the name of the applicant No. 4 in the memo

2 ca 13357.24 of the first appeal. Thereafter, office shall correct the name in the judgment.

3.

The application is allowed by permitting the applicants to amend the name of the applicant/appellant No. 4 in the memo of first appeal as Majharkhan Hussain Khan. Accordingly necessary correction be carried out in the title cause of the judgment. Applicants shall be permitted to withdraw the amount with accrued interest thereafter. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/March 25