Final Order 2

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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Misc. Appeal No.7 of 2019
(CNR No. MHCCO10118082018)
The Liquidator,
The Mumbai Chhatrapati Shivaji
Terminus Central Railway Employees
Consumer CoOperative Society Limited ..Appellant
Versus
1. Central Railway
2. Shri Shivmoorat Jagatdev Kushwaha
and Smt. Smita S.Kushwaha ..Respondents
AND
Misc. Appeal No.4 of 2019
(CNR No. MHCCO10118082018)
1. Shri Shivmoorat Jagatdev Kushwaha
Partner of M/s. Stuti Enterprises ..Appellant
Versus
1. Assistant Division Engineer
2. Estate Officer
3. The Official Liquidator ..Respondents
Shri.V.Y.Sanglikar, Ld.Counsel for Appellant in Appeal No.7/19 and
Respondent No.3 in Appeal No.4/19.
Shri L.K.Tripathi for Respondent Bo.1 in Appeal No.7/19 and
Respondent Nos.1 and 2 in Appeal No.4/19.
Coram : H.H.THE PRINCIPAL JUDGE
URMILA S. JOSHIPHALKE
(C.R.NO.19)
Dated : 4th May, 2022
ORDER BELOW EXH.1
Present appeals bearing Nos. 7 of 2019 and 4 of 2019 are already
disposed of by this Court on 20.4.2022. While awarding damages, this
Court has come to the conclusion that opponents are liable to pay
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damages @ Rs.3125/ per month. However, while calculating the said
amount, the amount is calculated in days instead of months. In view of
Sec. 152 of C.P.C. such clerical or arithmetical mistakes in judgments,
decrees or orders or errors arising therein from any accidental slip or
omission may at any time be corrected by the Court either on its own
motion or on the application of any of the parties.
2. Admittedly, mistake committed while passing judgment is
accidental slip and it is in the nature of clerical or arithmetical mistake
and therefore, the Court on its own can correct the same. Ld. Counsel
Shri V.Y. Sanglikar for opponent No.1 has pointed out that incorrect
calculation is mentioned in judgment. Today, Ld. Counsel Shri
V.Y.Sanglikar for opponent No.1 as well as Ld. Adv. Shri L.K.Tripathi for
applicant are present before the Court. Both the parties have noticed the
said mistake and therefore, it is to be corrected. The correction is to be
made in Para 36 as well as in clause (4) of operative part of the
judgment. Hence, I proceed to pass the following order:
ORDER
1. The observation in the judgment that opponents are liable to pay
compensation @ Rs.3,125/ X 1606 days is to be corrected as:
Opponents are liable to pay compensation @ Rs.3,125/ per
month X 52 months which comes to Rs.1,62,500/ in Para 36 .
Accordingly, in operative part in Clause 4, it is to be corrected as:
Opponents are directed to pay damages @ Rs.3,125/ per month
X 52 months which comes to Rs.1,62,500/.
2. Corrected copy of judgment is to be kept on record and uploaded.
Date: 4.5.2022 (Urmila S. Joshi Phalke)
Principal Judge,
City Civil Court,Gr.Bombay.
Dictated on : 4.5.2022
Transcribed on : 4.5.2022
Signed on : 4.5.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: B.S.Parab
Upload date and time: 6.5.2022 (At 6.06 pm)
Name of the Judge H.H.THE PRINCIPAL JUDGE
SMT.URMILA S.JOSHIPHALKE
(C.R.No.19)
Date of Pronouncement of Order 4.5.2022
Order signed by P.O. on 4.5.2022
Order uploaded on 6.5.2022
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