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Bombay High CourtWP/11116/2024disposed off

R K Developers Thr Its Authorized Signatory v. Ramaadhar Raghunath Yadav And ORS

2024-08-23Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

501-ASWP-11116-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11116 OF 2024 RK Developers

...Petitioner

Versus

Ramaadhar Raghunath Yadav & Ors

...Respondents

Mr Mayur Khandeparkar, with Mayank Bagla, i/b Mayank Mishra, for the Petitioner.

Mr Rafique Shaikh, i/b Salim Siddique , Ubaid G & Hasan Sayed, for Respondents Nos. 1 to 5.

Ms SS Bhende, AGP, for Respondent No. 6-State.

CORAM:

M.S. Sonak & Kamal Khata, JJ Digitally signed by ASHWINI GAJAKOSH Date:

2024.08.26 17:07:38 +0530 DATED:

23rd August 2024 ASHWINI GAJAKOSH PC:- 1.

This is a praecipe for speaking to the minutes of order dated 19th August 2024.

2.

Learned Counsel for Respondents Nos. 1 to 5 now says that he had never made the statement which we have recorded in

501-ASWP-11116-2024.DOC paragraph 5 and paragraph 10 of our order dated 19th August 2024.

3.

The order dated 19th August 2024 was dictated by us in the open court after the hearing concluded. The statements recorded in paragraph 5 and paragraph 10 were made and were accordingly recorded. It was also clarified that the statements were made without prejudice to the rights and contentions of Respondents Nos. 1 to 5.

4.

Accordingly, by taking out the praecipe for speaking to the minutes of this order, the statements made cannot be disowned. 5.

We were about to dismiss this praecipe with costs. But the learned Counsel for Respondents Nos. 1 to 5 Mr Salim Sidiquie who appeared and made the statements before 9th August 2024 tenders an apology, therefore we refrain from imposing any costs. (Kamal Khata, J) (M.S. Sonak, J)