Bombay High Court

SATYABHAMABI VISHNU DHANWATE (DIED) THR LRS BALRAJ.versusTHE EX. ENGINEER, NANDUR MADHMESHWAR CANAL DIVISION, VAIJAPUR AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the omission was a clerical error and ordered the insertion of the words ‘together with accrued interest’ in the operative part of the order.

Summary

In a civil application concerning the estate of the deceased Satyabhamabi Vishnu Dhanwate, the applicant sought a correction to the order dated 27‑08‑2026, claiming that the phrase “together with accrued interest” was inadvertently omitted. The court examined the claim and found that the omission was a clerical error that could be rectified without prejudice. Accordingly, the court directed that the words be inserted in clause ‘b’ of the operative part of the order and that a corrected copy be uploaded. The motion for speaking to the minutes was therefore disposed of, and the correction was ordered. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether the omission of the words ‘together with accrued interest’ in the earlier order can be corrected by a motion to speak to the minutes

Subjects

correction of order
minutes of order
accrued interest
civil procedure
clerk's error

Judgment

2026:BHC-AUG:39297
This Order is Speaking to Minutes order of order dated //

1
ca-9413-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 9413 OF 2026
IN FA/1952/2023

Satyabhamabi Vishnu Dhanwate (died) Thr Lrs Balraj.
VERSUS
The Ex. Engineer, Nandur Madhmeshwar Canal Division,
Vaijapur And Anr.
...
Mr. Shaikh Mujtaba Gulam Mustafa, Advocate for Applicant
Mr. A. V. Lavte, AGP for Respondent-State
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 31ST AUGUST, 2026

P.C. :-

. This motion is moved for speaking to the minutes of
order dated 27.08.2026.

2. It is mentioned by the learned Advocate for the
applicant that the words “together with accrued interest” have
inadvertently remained to be incorporated in the said order.

3. In clause ‘b’ of the operative part of the said order, in
second line, after the word ‘amount’, the words “together with
accrued interest” be incorporated. Necessary corrections be
carried out. Corrected copy be uploaded.

4. Motion stands disposed of.

( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

Continue reading with your account

Checking your session…