Research › Search › Judgment

Bombay High Court · body

2023 DIGILAW 2289 (BOM)

Wrangle Investment Limited v. Mahendra Builders

2023-12-13

RAJESH S.PATIL

body2023
JUDGMENT : This matter is moved for speaking to the minutes of the judgment dated 5 December, 2023. 2. In paragraph no.2 (2) of the praecipe dated 11 December, 2023, certain typographical errors in the judgment dated 5 December, 2023 are sough to be corrected. 3. Learned advocate for the respondent no.1 has no objection if the corrections are carried out in the judgment dated 5 December, 2023. 4. Accordingly, judgment dated 5 December, 2023 be corrected as per paragraph no.2 of the praecipe dated 11 December, 2023 as under :- (a) On page no.3, paragraph no.3, third line, the date should be corrected to ‘16th February, 2002’ instead of ‘16th February, 2001’. (b) On page no.3, paragraph no.4, first line, the words ‘and Shirin’ be deleted as only Pratibha had filed Interim Notice No. 760 of 2002. (c) On page no.10, paragraph no.12.1, last line, the words ‘seven years’, be corrected to ‘two years’ as the suit which was restored in 2006. (d) On page no.13, paragraph no. 12.11, the following judgments tendered and referred to by Mr.Chinoy, at the time of hearing on 7th October, 2023 are missed to be mentioned. The same be added to the list at items 4 and 5: “4. Fordie Metals Ltd. vs. m.v. “Tibor Szamuely 2003 (3) Mh.L.J. 444”. 5. Sumer Singh Galundia & Anr. vs. Jeevan Singh (since deceased through LRs) & Ors. in Civil Appeal No. 9292 of 2022 arising out of SLP (C) No. 7734 of 2020 dated 16 December, 2022 ” (e) On page no.21, in paragraph no.23, third line, the order inadvertently mentions the suit premises admeasuring 2000 sq.ft., instead of the actual area of 4000 sq.ft. In view of the same, the area ‘2000 sq.ft’ be corrected to ‘4000 sq.ft.’. (f) On page no.23, paragraph no.27, third last line, the date to be corrected to ‘19th September 2001’ instead of ‘19th September, 2002’ as per the Registrar of Firm document. (g) On page no. 30, paragraph no.38, third line, the interim notice number should be corrected to ‘Interim Notice No. 760 of 2002’ instead of ‘Interim Notice No. 760 of 2004’. 5. The judgment to be corrected accordingly. Rest of the judgment remains as it is. The corrected judgment be uploaded as soon as possible.