Case Note & Summary
This is a review application filed by M/s. Goenca Resorts Pvt. Ltd. against an order dated 3rd May, 2005 passed by the Bombay High Court at Goa in Misc. Civil Application No. 247/2005. The applicant pointed out that the last portion of the order, which allowed the Maharashtra State Financial Corporation to withdraw the amount of Rs.16,60,000/-, was passed wrongly because the original application only sought correction of the figure from Rs.11,00,000/- to Rs.16,60,000/-. The other side had no objection to the review. The Court, after hearing both sides, allowed the application and deleted the words "and, accordingly, the Corporation will be allowed to withdraw the said amount of Rs.16,60,000/-" from the order dated 3rd May, 2005. The review was disposed of with no further directions.
Headnote
A) Civil Procedure - Review Application - Correction of Order - The applicant sought review of an order dated 3rd May, 2005, pointing out that the last portion allowing the Corporation to withdraw Rs.16,60,000/- was passed wrongly as the original application only prayed for correcting the figure from Rs.11,00,000/- to Rs.16,60,000/-. The other side had no objection. The Court allowed the review and deleted the said portion from the order. (Paras 3-4)
Issue of Consideration
Whether the portion of the order allowing withdrawal of Rs.16,60,000/- by the Corporation, which was beyond the prayer in the original application, should be deleted.
Final Decision
The review application is allowed. The words 'and, accordingly, the Corporation will be allowed to withdraw the said amount of Rs.16,60,000/-' from the order dated 3rd May, 2005 are deleted.
Law Points
- Review application
- correction of order
- deletion of portion beyond prayer
- consent of parties
Case Details
2005 LawText (BOM) (08) 16
Civil Application (Review) No. 7 of 2005 in Misc. Civil Application No. 247 of 2005 in Writ Petition No. 435 of 2002
Shri Y.V. Nadkarni for Applicant, Smt. S.S. Naik for Respondent No.1
M/s. Goenca Resorts Pvt. Ltd.
Maharashtra State Financial Corporation & Others
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Nature of Litigation
Review application against an order in a miscellaneous civil application arising from a writ petition.
Remedy Sought
Deletion of the portion of the order dated 3rd May, 2005 that allowed the Corporation to withdraw Rs.16,60,000/-.
Filing Reason
The last portion of the order allowing withdrawal of Rs.16,60,000/- was passed wrongly as the original application only prayed for correcting the figure from Rs.11,00,000/- to Rs.16,60,000/-.
Previous Decisions
Order dated 3rd May, 2005 in Misc. Civil Application No. 247/2005.
Issues
Whether the portion of the order allowing withdrawal of Rs.16,60,000/- by the Corporation, which was beyond the prayer in the original application, should be deleted.
Submissions/Arguments
Applicant pointed out that the last portion of the order was passed wrongly. Other side had no objection.
Ratio Decidendi
A review application can be allowed to correct an order where a portion was passed beyond the prayer made in the original application, especially when the other side has no objection.
Judgment Excerpts
The application is, therefore, allowed and the words 'and, accordingly, the Corporation will be allowed to withdraw the said amount of Rs.16,60,000/-' from the Order dated 3rd May, 2005 are deleted.
Procedural History
The applicant filed a review application against the order dated 3rd May, 2005 passed in Misc. Civil Application No. 247/2005, which was itself an application in Writ Petition No. 435/2002. The review was heard and disposed of on 1st August, 2005.
