Rohan Daniel Mukherjee v. The Waterbase Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.03.2024

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Review Application No.50 of 2024 and C.M.P. No. 6688 of 2024 ---

1. Mr. Rohan Daniel Mukherjee Partner, M/s. Rising Tide, 8/1/H Diamond Harbour Road, Kolkata - 700 027.

2. M/s. Arnab Daniel Mukherjee Partner, M/s. Rising Tide, 8/1/H Diamond Harbour Road, Kolkata - 700 027.

.. Review Applicants

Versus

M/s. The Waterbase Limited, A Company registered under the Companies Act, 1956 and having its Registered Office at Anathapuram Village, Thotapalli, Gudur Mandal, Nellore District - 524 344.

Rep. by its authorized Signatory Mr.R.Suresh Kumar Also at Thapar House, No.37, Montieth Road, Egmore, Chennai - 600 008.

.. Respondent 1/4

Review Application filed under Order 47 of Rule 1 read with section 114 of C.P.C, to review the order dated 15.02.2024 made in LPA. No. 2 of For Review Applicants :

Mr. T. Sai Krishnan For Respondent :

Mr. Adarsh Subramanian

ORDER

(Order of the court was made by R. MAHADEVAN, J) The review applicants have come forward with this Review Application seeking to review the judgment dated 15.02.2024 passed by this court in L.P.A. No. 2 of 2024.

2.

The learned counsel for the Review Applicants invited the attention of this Court to para Nos.17 & 18 of the judgment dated 15.02.2024 passed in LPA No. 2 of 2024 and pointed out that the observation made therein to the effect that the appellants/review applicants have paid the compensation of Rs.10 lakhs, but they did not furnish bank guarantee for the sum of Rs.1 crore, is factually incorrect. According to the learned counsel, the bank guarantee for Rs.1 crore has been furnished by the review applicants even on 21.02.2022, within the time stipulated by the learned Judge and therefore, the observation made in para Nos.17 & 18 of the judgment dated 15.02.2024 is an error apparent on the face of the record and it warrants a review. 2/4

3.

The aforesaid submission of the learned counsel for the Review Applicants is not disputed by the learned counsel for the respondent. 4.

Having regard to the above factual submissions, we dispose of the Review Application by clarifying that the observation made in para Nos.17 & 18 of the judgment dated 15.02.2024 shall be read as "bank guarantee for Rs.1 crore has been furnished by the review applicants in compliance with the directions of this Court in the orders dated 29.10.2021 and 20.04.2022". In all other respects, the judgment dated 15.02.2024 passed by this court in LPA No. 2 of 2024, shall remain unaltered. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D, J.] [M.S.Q, J.] 21.03.2024 Index : Yes / No Internet : Yes / No av/rsh 3/4

R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J av/rsh Rev.Appln No.50 of 2024 21.03.2024 4/4