Executive Engineer (V.I.D.C.) Akola Irrigation Division, Akola And Another v. Jitendrakumar S/O Madanlal Chitlange And Others

1 07-CAF 2078.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2078 OF 2025 IN FIRST APPEAL NO. 1045 OF 2019 (D) ( Executive Engineer (VIDC) and another vs. Jitendrakumar S/o Madanlal Chitlange and ors.) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions, Court's or Judge's order and Registrar's orders.

Mr. K.P. Mahalle, Advocate for the appellants. Mr. Parth Malviya, Advocate for respondent Nos. 1 and 2. Mrs.Mukta Kavimandan, AGP for respondent No.3. CORAM :

ABHAY J. MANTRI, J.

ATE :

JUNE 19, 2025 1) The applicant, i.e., original respondent Nos. 1 and 2, has filed this application for speaking to the minutes for clarification/modification in the order dated 12/02/2025, as, according to him, in three appeals, a common order was passed. In First Appeal Nos. In 704/2019 and 591/2021, there was only one respondent; however, in First Appeal No.1045/2019, there were two respondents. Inadvertently, by common order, respondent No.1 was only permitted to withdraw the amount. Therefore, the applicants have filed this application for clarification of the same.

2) On perusal of the record and judgment dated 26/09/2024 as well as order dated 12/02/2025, I found substance in the contention of the learned counsel for respondent Nos. 1 and 2 in that regard. Accordingly, the application is allowed. 3) It is clarified that in First Appeal No.1045/2019, the order dated 12/02/2025 should be read as respondent Nos. 1 and 2 instead of respondent No.1 only, and they are permitted to

2 07-CAF 2078.2025.odt withdraw the amount along with accrued interest thereon as per the order dated 12/02/2025.

(ABHAY J. MANTRI, J.) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 20/06/2025 10:37:56