1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.113 of 2009 In Writ Petition NO. 703 of 2002. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. The application is for recalling of the order dated24.6.2009, whereby the Writ Petition No.703/2002 came to be disposed of as infructuous. The learned advocate for the petitioner made a statement that the retiral benefits were given to the Respondent No.1 and, therefore, nothing had remained. 2. Having heard learned counsel for the parties and on perusal of the affidavit filed by Shyamsundar Bhargav, who is Secretary of the petitioner society, it is amply clear that due to similarity of the names of employees, the mistake had occurred while giving information to the counsel. It emerges from the affidavit of the Secretary that another employee by name Smt.Sudha Narwadkar has been paid retiral benefits. The surname of the present petitioner is somewhat similar to the employee who received the retiral benefits. However, under wrong impression, the information was given to the counsel that the petition had become infructuous. Since the disposal of the petition is on the basis of the statement made by the counsel which is factually incorrect and seems to have been wrongly given by an employee of the petitioner society, by consent, the order is recalled. Smt.Rasal, would submit that the Respondent is entitled to costs. The mistake appears to be due to inadvertence committed by an employee of the petitioner society. The cause shall be in the costs of the petitioners. The application is accordingly disposed of. The petition may be scheduled for hearing. (V.R.KINGAONKAR,J.) Dt.31.08.2009. asp/office/Ca113.09