State Of Maharashtra Through Collector, Yavatmal And 2 Others v. Sau. Latabai W/O Narendra Bhagat

1 cao1051.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.1051/2018 IN C.A.F. NO.1232/2016 IN FIRST APPEAL NO.1084/2015 The State of Maharashtra, through Collector, Yavatmal and others ..Vs..

Sau. Latabai W/o Narendra Bhagat - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. H.N. Prabhu, A.G.P. for appellants.

Shri J.A. Malnas, Advocate for applicant / respondent. CORAM : Z.A. HAQ, J.

DATE : 29.6.2018.

By this application, the respondent seeks modification of the order dated 16th September, 2016. The learned Advocate for the respondent has pointed out that in paragraph No.3 of the order instead of "respondent", it is wrongly mentioned as "appellant". The learned A.G.P. does not dispute that there is an apparent inadvertent error.

Hence, the following order:

In second line of 3rd paragraph of the order passed on 16th September, 2016 the term "appellant" be deleted and substituted by "respondent" so that order will read to mean that the respondent is permitted to withdraw the amount of Rs.20,00,000/- (Rs. Twenty Lakhs) on furnishing solvent surety / security as per the

2 cao1051.18 order passed on 16th September, 2016.

The civil application is allowed accordingly. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.