Single judge permitted appellant to correct Clause (2) of consent terms to reflect the accurate suit number for the Court Receiver appointment. Decree will be modified accordingly.
Appellant permitted to correct Clause (2) of consent terms to incorporate the correct suit number; decree modified accordingly.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.557 OF 1998
Nizamul Haq Mohamed Hasan
...Appellant
vs.
Iqbal Suhail Siddiqui
...Respondent
Mr.K.L.Ganesh Rao i/b Mr.Dinkar Rao for the Appellant
CORAM: A.S.OKA,J.
DATE : AUGUST 7,2008.
P.C.:
1. As the First Appeal is disposed of by this Court in terms
of the agreed consent terms, office has placed this Appeal
before this court. In clause (2) of the consent terms, it is
stated that the Court Receiver has been appointed in Bombay
City Civil Court Suit No.7525 of 1987. The learned counsel
for the Appellant has placed on record a letter dated 30th
January 2008 sent by the Court Receiver recording that the
Court Receiver has been appointed in Bombay City Civil Court
Suit No.2203 of 1987. The prayer of the counsel for the
Appellant is for permitting correction of Clause (2) of the
consent terms for incorporating the correct number of the
suit. He states that a notice has been duly served to the
Advocate for the Respondent.
2. In view of the letter dated 30th January 2008 sent by the
Court Receiver, the amendment/correction will have to be
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permitted.
3. Accordingly, the Appellant is permitted to correct the
clause (2) of the consent terms for incorporating the correct
suit number. After correction is carried out, the decree
passed in terms of consent terms will also stand modified
accordingly.
JUDGE
1 issue framed by the court
Whether to permit correction of the consent terms to reflect the correct suit number of the Court Receiver appointment.
Nizamul Haq Mohamed Hasan
Iqbal Suhail Siddiqui
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court