An interim application sought modification of an earlier order that incorrectly stated the deposited and withdrawn amounts. The court allowed the application to correct the figures reflecting the actual balance in the account.
The interim application allowing modification was permitted in the terms stated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
16.ia.2230.2020.odt
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2230 OF 2020
IN
CIVIL APPLICATION NO. 254 OF 2019
IN
CIVIL REVISION APPLICATION NO. 826 OF 2014
M/s. Radium Garments Pvt. Ltd. …Applicant
In the matter between :-
M/s. Fab Fashions … Revision Applicant
(Org. Defendant)
Vs
M/s. Radium Garments Pvt. Ltd. ... Respondent
(Org. Plaintiff)
Mr. Drupad S. Patil a/w Mr.Prasad G. Keluskar for the Applicant in I.A.
No.2230 of 2020 & C.A. No.254 of 2019 and for Respondent in
CRA/826/2014.
CORAM : A.S.GADKARI, J.
DATE : 8th OCTOBER, 2021
P.C. :
1.This is an application for modification of Order dated
21.01.2020 passed in Civil Application No.254 of 2019.
2.Mr. Patil, learned Advocate for Applicant in Civil Application
No.254 of 2019 original Respondent submitted that, on 21.01.2021, on
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instructions, inadvertently an incorrect statement was made before the
Court that, the Revision Applicant had deposited total amount of
Rs.7,20,000/- in this Court and in furtherance of Orders passed earlier to
this, the Applicant– original Respondent had already withdrawn an
amount of Rs.1,50,000/- and an amount of Rs.5,70,000/- was balance in
the account, which was sought to be withdrawn by the said Civil
Application No.254/2019.
He submitted that, as a matter of fact, the Revision Applicant
had deposited a sum of Rs.5,70,000/- in the Registry of this Court and the
Applicant–original Respondent had withdrawn a sum of Rs.1,50,000/- and
therefore, a sum of Rs.4,20,000/- along with interest accrued thereon is
balance in the account of the present case.
3.In view of the statement made by the learned Advocate for the
Applicant and for the reasons stated in the application, the application is
allowed in terms of prayer clause (a).
After correcting the said figure, as stated in the body of the
application and prayer clause (a) of the present application, para No.1 and
3 of the Order dated 21.1.2020 would read as under:-
“1)This is an application by the original respondent seeking
permission to withdraw the amounts deposited by the revision
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16.ia.2230.2020.odt
applicant in compliance with the Orders dated 7th September,
2015 and 7th August, 2017 passed by this Court. It is stated
that, the revision applicant has deposited a total sum of
Rs.5,70,000/- in this Court and in furtherance of Orders passed
earlier to this, the applicant herein has already withdrawn sum
of Rs.1,50,000/-. That, an amount of Rs.4,20,000/- is prayed to
be permitted for withdrawal by the present application.
2)…..
3)In view of the above and for the reasons stated in
the application, the applicants are permitted to withdraw the
balance amount of Rs.4,20,000/- along with interest accrued
thereon, as per Rules, from the Registry of this Court.”
4. Interim Application is allowed in the aforesaid terms.
( A. S. GADKARI, J. )
Digitally signed
by DHANAPPA
DHANAPPAERAPPAKOSHTI ERAPPAKOSHTIDate:2021.10.20
18:24:00
+0530
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1 issue framed by the court
Whether the Order dated 21.01.2020 permitting withdrawal of deposited amounts required modification due to an error in the stated balance figure.
1 provisions across 1 enactments
M/s. Radium Garments Pvt. Ltd.
M/s. Fab Fashions
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court