Final Order 1

Order Details: Other
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISCELLANEOUS APPLICATION NO.43 OF 2019
IN
SUIT NO.9915 OF 1991
(HIGH COURT SUIT NO.920 OF 1991)
The Board of Trustees of the Port of Bombay ...Plaintiff.
V/s.
Habib Bank Ltd & Ors. ...Defendants.
Appearances:
Ld. Adv.Mrs.Rama Nageshwaran for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 24th April,2019
ORDER
By way of this application plaintiff prayed for amendment in the
decree issued by Registrar of this Court in view of order passed by this
Court.
2. In supporting affidavit of Ajit Bhaskar Zarkar it is submitted that,
plaintiff filed present suit against defendant Nos.1 to 4 for recovery of
Rs.4,47,579/08 paise being the deficit in Port Trusts Charges. After
recording evidence and hearing counsel of plaintiff, learned erstwhile
Judge of this Court Shri K.R. Deosarkar passed the judgment order
dt.26.03.2015 and decreed suit by directing the defendant Nos.1 to 4
jointly do pay to the plaintiff Rs.4,47,579/ with interest @ 10% per
annum. However, when decree was prepared it has been wrongly
mentioned that 'suit was decree against defendant Nos.1 and 4' in stead
MHCC01-004366-2019
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MA 43/2019 .. 2 .. Suit No.9915/1991
of defendant Nos.1 to 4. Therefore, plaintiff prayed that correct be
made in the decree issued by the department of this Court. Plaintiff
submitted that there is no harm or irreparable loss would be caused to
defendant if this correction is to be made.
3. Heard learned Advocate for plaintiff. Perused the record and
proceedings.
4. After perusal of record of Suit NO.9915 of 1991 particularly the
judgment and order passed dt.26.03.2015 in this suit it is clear that suit
has been decreed against defendant Nos.1 to 4. However, inadvertently
in the decree issued by the department of this Court it was mentioned
that “the defendant Nos.1 and 4 jointly do pay ...”. There is no harm or
injury will be caused to anybody if this correction is carried out, as
judgment and order in the Suit No.9915 of 1991 has already been
decreed against defendant Nos.1 to 4, whose names are also appeared
in the title clause of the suit. Therefore, by exercising powers under
Section 152 of C.P.C. the necessary correction in the decree can be
carried out. In such circumstances, it will be proper to direct the parties
to bear their costs and hence, I proceed to pass the following order :
O R D E R
1. Miscellaneous Application No.43 of 2019 is allowed.
2. Decree dt.11.09.2015 in Suit No.9915 of 1991 issued by
department of this Court be corrected.
3. In the order clause No.(2) of the decree it is mentioned that
“ The defendant Nos.1 and 4 jointly do pay to the plaintiff
an amount of Rs.4,47,579/ with future interest at the rate
of 10% per annum from the date of suit, till realisation of
full amount.” In stead of, it be typed and read in the
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MA 43/2019 .. 3 .. Suit No.9915/1991
decree as “ he defendant Nos.1 to 4 jointly do pay to the
plaintiff an amount of Rs.4,47,579/ with future interest at
the rate of 10% per annum from the date of suit, till
realisation of full amount.
4. Necessary rectified decree be issued.
5. No order as to costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 24/04/2019 City Civil Court, Gr. MUMBAI
Dictated on : 24.04.2019
Transcribed on : 24.04.2019
Signed on : 24.04.2019
kps/
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MA 43/2019 .. 4 .. Suit No.9915/1991
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.04.2019 at 5.45 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 24.04.2019
Judgment/order signed by P.O. on 24.04.2019
Judgment/order uploaded on 24.04.2019
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