Sushila Sureshbabu Malge ... vs Sana Hospitality Private Limited ...
2022 Latest Caselaw 12997 Bom

                                                       902-sa-136-2022.doc



Pallavi
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       SECOND APPEAL NO.136 OF 2022
                                  WITH
                   INTERIM APPLICATION NO.19309 OF 2022

     Sushila Sureshbabu Malge Proprietor of
     Mount Mary Builders Thane and Anr.        ... Appellants
           Versus
     Sana Hospitality Private Limited
     Thr. Authorised Officer, Mumbai           ... Respondent

     Ms. Yasmin E. Tavaria a/w Mr. Abhishek Yadav, for the Appellants.
     Mr. Jairam Chandnani a/w Ms. Tanvi Mehta and Mustafa Memon i/b.
     Lexim Associates for the Respondent.


                                    CORAM: MADHAV J. JAMDAR, J.

DATE : 14th DECEMBER, 2022

P.C.:

1. Ms. Yasmin Tavaria, learned counsel appearing for the

Appellants circulated a praecipe dated 10th December 2022 for

speaking to the minutes. Mr. Chandnani, learned counsel appearing

for the Respondent also moved a praecipe dated 13 th December 2022

for speaking to the minutes.

2. As per the praecipe dated 13 th December 2022 moved by Mr.

Chandnani, learned counsel for the Respondent, in paragraph no.2 of

the order dated 24th November 2022, the date of impugned judgment

and order is mentioned as passed on 10 th December 2022 instead of

10th December 2021.

902-sa-136-2022.doc

3. As far as praecipe dated 10th December 2022 moved by Ms.

Tavaria, learned counsel appearing for the Appellants for speaking to

minutes, it is her contention that in paragraph 11, the amount of

Rs.6,19,38,685/- is wrongly mentioned and it should be

4,05,00,000/- and the said payment was made in March 2016.

4. Learned counsel Mr. Chandnani appearing for the Respondent

states that in paragraph 11, in line 6, the amount of Rs.5,96,98,685/-

be corrected as Rs.5,84,38,685/-.

5. Both the respective learned counsel have no objection to carry

out above corrections.

6. Following corrections be made in order dated 24 th November

2022 passed in Second Appeal No.136 of 2022:-

(i) In paragraph 2, line no.5, the date of order be mentioned

as 10th December 2021 instead of 10th December 2022.

(ii) In paragraph 11, in line 3, instead of Rs.6,19,38,685/-,

the same be corrected as Rs.4,05,00,000/- and the said

line no.3 be corrected as follows:

"Respondent paid total amount of Rs.4,05,00,000/- in March 2016 to the Appellants."

(iii) In paragraph 11, in line 6, the amount of

Rs.5,96,98,685/- be corrected as Rs.5,84,38,685/-.

902-sa-136-2022.doc

7. In order dated 24th November 2022, the above corrections be

carried out. Praecipe dated 10th December 2022 moved by the

Appellants and praecipe dated 13th December 2022 moved by the

Respondent are disposed of in above terms.

(MADHAV J. JAMDAR, J.)