Bombay High Court

The Executive Engineer, Irrigation Project Majbutikaran Division, Omerga, Dist. OsmanabadversusMohan Krishnaji Gaikwad and others

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court corrected the order to state that claimants may withdraw 75% of the amount with accrued interest upon furnishing an undertaking, with the remainder to be invested in a nationalized bank.

Summary

The Executive Engineer, Irrigation Project, Omerga filed a civil application against Mohan Krishnaji Gaikwad and others. The court’s order dated 3 September 2026 mistakenly recorded that claimants could withdraw 50% of the amount with interest upon an undertaking and 25% upon a surety, instead of the intended 75% withdrawal with interest and the balance to be invested in a nationalized bank. The respondent’s counsel moved a praecipe seeking correction of this clerical error. The judge examined the paragraph and found the mistake to be inadvertent. Accordingly, the order was corrected to reflect the proper withdrawal percentages and investment direction, and the corrected order was to be uploaded. The correction does not affect any substantive rights beyond fixing the typographical error.

Issues considered

Whether the order dated 3 September 2026 contains a clerical error that warrants correction?

Subjects

order correction
clerical error
civil application
withdrawal of amount
judicial registrar
surety
nationalized bank

Judgment

                                     1                      P-CA-13433-2025.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                   CIVIL APPLICATION NO. 13433 OF 2025
                           IN FAST/34345/2025
                                  WITH
                   CIVIL APPLICATION NO. 9698 OF 2026
                           IN FAST/34345/2025
                                  WITH
                   CIVIL APPLICATION NO. 13432 OF 2025
                           IN FAST/34345/2025

          THE EXECUTIVE ENGINEER, IRRIGATION PROJECT
      MAJBUTIKARAN DIVISION, OMERGA, DIST. OSMANABAD
                               VERSUS
             MOHAN KRISHNAJI GAIKWAD AND OTHERS
                                  ...
Mr. Manoj D. Shinde for Respondent No.1.
                                 …

                        CORAM        : MANJUSHA DESHPANDE, J.
                        DATE         : 10.09.2026
PER COURT :


1.              Not on board. Taken on board.

2.              The learned Advocate for Respondents has moved a praecipe

dated 10th September, 2026 for speaking to the minutes of the order

dated 3rd September, 2026.

3.              In Paragraph No. 6 of the said Order, it has been

inadvertently recorded that the “Claimants are allowed to withdraw 50%

of the amount with accrued interest upon furnishing an undertaking to

the satisfaction of the Registrar (Judicial) of this Court and 25% of the

amount is allowed to be withdrawn upon the Claimants furnishing


Sunny Thote
                                    2                         P-CA-13433-2025.odt


solvent surety to the satisfaction of the Registrar (Judicial)” , instead of

recording that the “Claimants are allowed to withdraw 75% of the

amount with accrued interest upon furnishing an undertaking to the

satisfaction of the Registrar (Judicial) of this Court and rest of the

amount shall be invested in any Nationalized Bank.”

4.            In view thereof, the order dated 3rd September, 2026 be

corrected accordingly and corrected order be uploaded.




                                          [ MANJUSHA DESHPANDE, J. ]




Sunny Thote

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