Union Bank Of India vs Modala Mallesh And 5 Others
2023 Latest Caselaw 2568 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                 WRIT APPEAL No.748 of 2022

JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)


       Mr. V. Murali Manohar, learned counsel appears for

Ms. V. Dyumani, learned counsel for the appellant.


2.     This intra court appeal is filed against an order dated

27.09.2022 by which Writ Petition No.27054 of 2015 filed by

respondent Nos.1 and 2 herein has been allowed.

3. Learned counsel for the appellant submits that the

appellant bank is not disputing the entitlement of the

petitioners, who are respondent Nos.1 and 2 herein, to seek

refund of the amount under the Scheme which in fact has been

framed by the State Government. It is further submitted that

due to oversight in the operative portion of the order dated

27.09.2022, the learned Single Judge has directed the appellant

to refund the amount whereas the direction ought to have been

issued to the State Government which has framed the Scheme.

CJ & NVSK, J

The order dated 27.09.2022 suffers from an error apparent on

the face of the record. We therefore, in the facts of the case,

permit the appellant to file an application seeking

review/modification of the order dated 27.09.2022 passed by

the learned Single Judge.

4. With the aforesaid liberty, the appeal is disposed of.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 20th SEPTEMBER, 2023.

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