Citation : 2023 Latest Caselaw 489 Jhar
Judgement Date : 30 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No.27 of 2020
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Bero Munda .... .... .... Appellant Versus Md. Intkhab Alam & Others .... .... .... Respondents With M.A. No.28 of 2020
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Lundari Munda .... .... .... Appellant Versus Md. Intkhab Alam & Others .... .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellants : Mr. Aashish Kumar, Advocate (In both appeals) For the Respondents : Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate Mr. Satish Kr. Keshri, Advocate (In both appeals)
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Order No.09 Dated- 30/01/2023 I.A. No.3421 of 2021 in M.A. No.27 of 2020 Heard the parties.
2. Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to amend the prayer portion of this appeal by substituting the words "to set aside and impugned Judgment/Award dated 21.12.2019" with the words "modifying the Award/Judgment dated 21.12.2019 and enhance the award amount." It is next submitted that due to inadvertence in the prayer portion, it has been mentioned to set aside and impugned Judgment/Award dated 21.12.2019. It is next submitted that the amendment will not change the nature of the appeal. Hence, it is submitted that the prayer for amendment, as prayed for, be allowed.
3. Learned counsel for the appellants further submits that within 14 days, the appellants will file a consolidated appeal memo, failing which, this order will not be given effect to and this interlocutory application shall stand dismissed without further reference to the Bench.
4. This interlocutory applications stands disposed of.
(Anil Kumar Choudhary, J.) M.A. No.27 of 2020 This appeal will be heard.
Admit.
Call for the lower court records.
Mr. Alok Lal and Satish Kumar Keshri receive notice of this appeal on behalf of the respondents.
List this appeal after four weeks under the heading 'Hearing.'
(Anil Kumar Choudhary, J.) I.A. No.3422 of 2021 in M.A. No.28 of 2020 Heard the parties.
2. Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to amend the prayer portion of this appeal by substituting the words "to set aside and impugned Judgment/Award dated 21.12.2019" with the words "modifying the Award/Judgment dated 21.12.2019 and enhance the award amount." It is next submitted that due to inadvertence in the prayer portion, it has been mentioned to set aside and impugned Judgment/Award dated 21.12.2019. It is next submitted that the amendment will not change the nature of the appeal. Hence, it is submitted that the prayer for amendment, as prayed for, be allowed.
3. Learned counsel for the appellants further submits that within 14 days, the appellants will file a consolidated appeal memo, failing which, this order will not be given effect to and this interlocutory application shall stand dismissed without further reference to the Bench.
4. This interlocutory applications stands disposed of.
(Anil Kumar Choudhary, J.) M.A. No.28 of 2020 This appeal will be heard.
Admit.
Call for the lower court records.
Mr. Alok Lal and Satish Kumar Keshri receive notice of this appeal on behalf of the respondents.
List this appeal after four weeks under the heading 'Hearing.'
Animesh/ (Anil Kumar Choudhary, J.)
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