1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Counsel Note Stamp No.10890 of 2009 In Writ Petition No.3946 of 2009 (D) (Shriram Investments Ltd. and others v. Sheikh Mehboob s/o Sheikh Lal) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.S. Sundaram, Advocate for Petitioners. Shri S.G. Deshpande, Advocate for Respondent. Coram : R.C. Chavan, J. Dated : 5th December, 2009 1. This is an application for speaking to minutes. 2. While disposing of Writ Petition No.3946 of 2009 by judgment dated 5-10-2009, this Court had observed in para 16 as under : “16. This does not imply that the petitioners are without any fault and in spite of the petitioners being at fault, the respondent should be allowed to suffer. Therefore, the petition is allowed, subject to the petitioners paying to the respondent cost of Rs. 15,000/- (Rupees Fifteen thousand only) for dragging the respondent to this Court, in addition to the cost saddled while condoning the delay. Upon such costs being deposited in trial Court the respondent No.2 would be at liberty to receive them. The impugned orders are set aside and the application for setting aside 2 the decree dated 19-9-2000 is allowed. If the costs are not deposited within a period of one week before the learned Judge, the decree shall be left undisturbed.” Prior to that, in Writ Petition No.4167 of 2002 , on 9-6-2003, this Court had passed the following order : “ Heard. In the given facts and circumstances the order is just and proper, except that the directions of this Court to deposit 1/4 th of the decretal amount cannot be considered to be an exemplary cost. This can be utilized for giving set off to the Judgment Dector. The amount be deposited within 2 weeks. Petition disposed of as such.” 3. The applicants/writ petitioners seek to have the judgment dated 5-10-2009 modified to clarify that the costs saddled while condoning delay would be governed by the order dated 9-6-2003 passed in Writ Petition No.4167 of 2002. 4. The facts, in the context of which this request comes, are as under : The applicants had sought setting aside of an ex parte decree and had also sought condonation of delay in filing the said application for setting aside the decree. While condoning delay, the learned Trial Judge had saddled 1/4th of the decretal amount as costs. This amount was directed to be utilized for giving set-off to the judgment-debtor by order dated 9-6-2003 passed in 3 Writ Petition No.4167 of 2002. This order cannot obviously be modified by me while deciding Writ Petition No.3946 of 2009 on 5-10-2009. Therefore, the costs saddled by the Trial Court while condoning delay would abide by the order of this Court passed on 9-6-2003 in Writ Petition No.4167 of 2002 and would be adjusted accordingly. 5. The contention of the learned counsel for the respondent that this Court had in fact awarded Rs.15,000/- over and above the costs already deposited towards exemplary costs, is not correct, since this Court could not have modified the order dated 9-6-2003 passed in Writ Petition No.4167 of 2002. It is not that the respondent does not get the benefit of the amount already deposited. He gets that benefit only in the form of adjustment towards the decretal debt, if any. What he would get in cash is the costs of Rs.15,000/-, which have been saddled while allowing Writ Petition No.3946 of 2009. The relevant sentence in para 16 of the judgment dated 5-10-2009 delivered in Writ Petition No.3946 of 2009 should, therefore, be modified to read as under : “Therefore, the petition is allowed, subject to the petitioners paying to the respondent costs of Rs.15,000/- (Rupees Fifteen thousand only) for dragging the respondent to this Court, in addition to the costs saddled while condoning the delay, which shall abide by order dated 3-6-2003 passed in Writ Petition No.4167 of 2002.” The remaining part of the directions in the said para 16 stands as it is. 4 6. The application for speaking to minutes is disposed of accordingly. Judge. pdl