Jharkhand High Court
Executive Engineer Water Ways Division ... vs M/S. Modi Project Ltd on 6 April, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Commercial Appeal No.10 of 2020
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Executive Engineer Water Ways Division No.1, Chakradharpur, Water Resources Department, Government of Jharkhand, PO & PS Chakardharpur, District West Singhbhum, Jharkhand. .... ... Appellant Versus M/s. Modi Project Ltd, Kanke Road, Ranchi ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Sachin Kumar, AAG-II For the Respondent-Caveator : Mr. Shrestha Gautam, Advocate
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Order No.06/ Dated: 6th April 2023 Mr. Shrestha Gautam, the learned counsel appears for the respondent-caveator.
Post this matter on 27th April 2023 under the heading "For Orders".
In the meantime, the learned counsel for the appellant shall remove the defects notified by the Registry.
Mr. Sachin Kumar, the learned Additional Advocate General states that the only surviving defect is with respect to error which has crept in the judgment under challenge.
Mr. Sachin Kumar, the learned Additional Advocate General states that IA No. 8001 of 2022 has been filed for sending the certified copy of the judgment dated 27th January 2020 passed in Original Suit No. 09 of 2018 to the Court concerned for correction as mentioned in paragraph No.3 of the Interlocutory Application.
In paragraph No.3 of the Interlocutory Applicaiton the appellant has stated as under:
"3. That the date of passing of the impugned order is 27.01.2020 however, on the first page of the impugned order the date is mentioned as 27.01.2019 whereas the date on the last page of the impugned order is mentioned as 27.01.2020.
In this regard, for removal of the above defects it is necessary to send the impugned order dated 27.01.2020 to the learned lower court below so that necessary correction can be made out by the Learned Court below and defect no.7 as pointed out by the stamp reporter can be removed."
-2- Commercial Appeal No.10 of 2020 Accordingly, the Registry is directed to send the certified copy of the judgment dated 27th January 2020 passed in Original Suit No. 09 of 2018 which has been filed along with Commercial Appeal No. 10 of 2020 to the Court concerned for correction as indicated in paragraph No.3 of IA No. 8001 of 2022.
(Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) SB/Sudhir/KNR