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Bombay High CourtCAF/558/2023ca disposed off

M/S Adit Enterprises (Agency) Thr. Owner/Proprietor Shri Anilkumar Jugalkishore Rathi, Nagpur v. Shri Hasinuddin Sheikh S/O Amir Sheikh And Others

2023-03-09Hon'Ble Justice Urmila Joshi Phalke2 pages

42caf558.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 558/2023 IN FIRST APPEAL NO. 206/2022 M/S Adit Enterprises (Agency) Thr. Owner/Proprietor Shri Anilkumar Jugalkishore Rathi, Nagpur Vs Shri Hasinuddin Sheikh S/O Amir Sheikh And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr N.W.Almelkar, advocate for the appellant. Ms H.S. Dhande, Advocate, for the respondent No.2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/03/ 3.

1.

This is an application for speaking to minutes. 2.

It is contended that the instant first appeal come up for hearing for admission before this Court on 09/02/2023, after hearing both sides, this Court granted the stay. However, while passing the order, respondent Nos. 1 and 2 are seeking permission to withdraw the amount.

3.

The said application is opposed by the appellant on the ground that the appellant is the petty contractor. In fact, application No. 1967/2022 is filed by the appellant for restraining respondent Nos. 1 and 2 from withdrawing the amount of compensation.

4.

The observation is made by oversight. Inadvertently, therefore, the order dated 09/02/2023 passed below in Civil Application No. 1967/2022 in para-1 and 2 be corrected by mentioning that "by this application, the appellant is seeking rkn

42caf558.2023.odt relief restraining the original claimant to withdraw the amount".

5.

The said application is opposed by the respondent on the ground that they are entitled to receive compensation. Respondent No.3 is not served.

6.

In view of the above observation, the order passed on 09/02/2023 below civil application No. 1967/2022 be corrected and the order be uploaded afresh.

7.

Place the matter after service of respondent No.3 on 06/04/2023.

Civil application No. 558/2023 is disposed of. JUDGE Signed By:RAJESH K NANDURKAR rkn