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Bombay High CourtCAF/2306/2022ca disposed off

Maharashtra State Road Transport Corporation, Buldhana Through Its Divisional Controller v. Smt. Kamal Wd/O Kamlaji Gaikwad And Another

2022-10-18Hon'Ble Shri Justice Abhay Ahuja2 pages

923 CAF-2306-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2306 OF 2022 IN FIRST APPEAL NO.697 OF 2022 {Maharashtra State Road Transport Corporation ..Vrs.. Smt. Kamal Wd/o. Kamlaji Gaikwad and Anr.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. Panpalia, Adv. h/f Shri V. P. Panpalia, Advocate for the Applicant/Appellant.

Shri S. P. Pawar, Advocate for the Respondents. CORAM : ABHAY AHUJA, J.

DATE : 18 th OCTOBER , 202 2 .

.

This matter was listed yesterday and the following order came to be passed :

"1.

This is an application seeking corrections in the name of respondent No.2 from "Saurav S/o Kamlaji Gaikwad" to "Saurabh S/o Kamalaji Gaikwad" on the ground that the Aadhar Card and the Pand Card are in that name.

2.

Shri Pawar, learned counsel for respondent Nos.1 and 2 would submit that this is a spelling error and if the amendment is permitted, no prejudice would be caused to the appellant.

3.

Ms. Aditi Panpalia, Advocate holding for Shri Panpaliya, learned counsel seeks a short accommodation to revert on the application.

4.

List the matter on 18/10/2022."

2.

Today, Ms Panpalia, learned counsel appears for the

923 CAF-2306-2022 Applicant/Appellant and submits that she has instructions to oppose this application.

3.

I have heard Shri Pawar, learned counsel for the Respondents as well as taken note of the opposition on behalf of the Appellant. This is a matter where there is an error in the spelling of Respondent No.2/Claimant/Applicant. His name has been referred to in the documents such as the Aadhar Card and Pan Card as "Saurabh Kamalaji Gaikwad", whereas the name in the appeal memo as well as in the impugned judgment is referred to as "Saurav s/o Kamlaji Gaikwad". Shri Pawar, learned counsel has submitted that this is a spelling error and if the amendment is permitted, no prejudice would be caused to the Appellant.

4.

I tend to agree with Shri Pawar's submission that no prejudice would be caused, if the name of Respondent No.2/ Claimant/Applicant is corrected in accordance with the documents annexed with the application.

5.

The application is allowed. Let the name of "Saurav s/o Kamlaji Gaikwad" be corrected as "Saurabh S/o. Kamalaji Gaikwad". The amendment be carried out within a week. After the amendment is carried out, Registry to act accordingly.

6.

The civil application accordingly stands disposed. (JUDGE) ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE