← Library
Bombay High CourtCA/14864/2018disposed offdismissed for default

M/S Aurangabad Paper Mills Ltd. And ANR v. Sanjya Makrandrao Kulkarni And Others

2018-12-12Hon'Ble Shri Justice Nitin Jamdar2 pages

1 CA - 14864-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14864 OF 2018 IN WP/2372/2012 M/S AURANGABAD PAPER MILLS LTD. AND ANOTHER

VERSUS

SANJYA MAKRANDRAO KULKARNI AND OTHERS ...

Mr. G.K. Thigale (Naik), Advocate for applicants Mr. P.S. Shendurnikar, Advocate for respondent no. 13 ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 18-01-2019 ORDER :

1.

The parties to compromise have moved a motion for 'speaking to minutes' of order dated 12-12-20018 passed by this court in present civil application and have submitted pursis accordingly, referring to that while direction had been sought under civil application to have verification of the terms of compromise before the Registrar (Judicial) of this court, an inadvertent error has crept in, in reference to the same; perhaps under a presumption that the terms have been verified before the Registrar of this court and, as such, sentence to the effect "The terms of compromise are verified by the Registrar of this Court and the same are taken on record." has been incorporated. However, the factual situation is, direction had been sought as under,

2 CA - 14864-2018 " (C) The compromise terms may be directed to be verified by the learned registrar in present of all the consenting parties." 2.

As such, said sentence accordingly will have to be altered and modified.

3.

The parties concur with respect to aforesaid corrections and have no objection to the same.

4.

In the circumstances, it appears to be appropriate that the sentence referred to in paragraph no. 1 above, be substituted by following sentence.

"Terms of compromise be got verified before the Registrar (Judicial) of this court and then same be taken on record." and, as such, the order dated 12-12-2018 be read accordingly. 5.

Motion is disposed of accordingly.

[SUNIL P. DESHMUKH] JUDGE arp/