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Bombay High CourtCAF/2498/2021allowed

Vidarbha Irrigation Development Corp., Nagpur Thr. Executive Engineer, Bembla Project Div., Yavatma v. Pirchand Hiralal Kankliya And Others

2021-12-16Hon'Ble Shri Justice V.M. Deshpande2 pages

11-CAF-2498-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 2498 OF 2021 IN FIRST APPEAL NO. Vidarbha Irrigation Development Corporation Vs. Pirchand Kankliya and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P.B. Patil Advocate for the appellant Mr. A.B. Nakshane, Advocate for respondent No.1 Ms. T.H. Udeshi, AGP for respondents No.2 & 3 CORAM : V.M.DESHPANDE, J.

DATE :

16th DECEMBER, 2021.

This is an application for speaking to minutes. This application is moved by the respondent No.1 - Pirchand alias Premchand S/o Hiralal Kankliya. 2.

On 25/10/2021, Civil Application (F) No.

2118 of 2021 was decided by this Court and the said application which was filed by the respondent No.1 was rejected. However, in the body of the order following is typed, "However, for remaining remaining Rs.25 lakhs, the land holder was directed by the said order to furnish solvent surety/security."

3.

The learned counsel Shri A.B. Nakshane as well as Shri P.B.Patil, learned counsel submits that there is a typing mistake of Rs.25 lakhs. They submitted that instead of Rs.25 lakhs, it should be 25%.

11-CAF-2498-21.odt 4.

Since there is a typing mistake, in my view, the application needs to be allowed. Accordingly, application is allowed and in the order dated 25/10/2021, while deciding the Civil Application (CAF) No. 2118 of 2021, for the word Rs.25 lakhs, it shall be 25%. Therefore, instead of the lines, which are reproduced hereinabove, following should be substituted.

"However, for remaining remaining 25%, the land holder was directed by the said order to furnish solvent surety/security."

5.

Fresh order be uploaded.

JUDGE MP Deshpande P DESHPANDE 16:53