:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1152 OF 2008 IN WRIT PETITION NO. 4116 OF 1996 Shakuntala Vernekar ..Applicant (Org.Respdt.No.1) Vs. 1. Batuwa, the Small Leather Goods Company and anr. ..Respondents (No.1 Org.Petitioner & No.2 Org.Respdt. No.2) Mr. N.M. Ganguli for applicant. CORAM: CORAM: CORAM: B.H. MARLAPALLE,J. B.H. MARLAPALLE,J. B.H. MARLAPALLE,J. Date Date Date : August 07, 2008. : August 07, 2008. : August 07, 2008. P.C.: P.C.: P.C.: 1. This application prays for correction of name of respondent no.1 in Writ Petition No. 4116 of 1996 which has been finally decided on 11/2/2008 by me. The applicant’s name in the said petition appeared as "Miss. Shakuntala Vernekar". In this application the applicant claims that her correct name is "Shakuntala Vinerkar". It is further stated that on account of her surname being misspelt in the writ petition, she :2: could not withdraw the deposited amount along with interest accrued thereon, during the last about six months. 2. In Writ Petition No. 4116 of 1996 which was filed by the employer-company, the applicant’s name came to be typed as "Shakuntala Vernekar" and even before the Labour Court proceedings, copies of which have been placed along with the Writ Petition, it is the same name. However, a certified true copy of the award passed by the 7th Labour Court at Mumbai in Reference (IDA) No.805 of 1992 is not on record. 3. Mr. Ganguli, the learned counsel for the applicant, submitted that while filing the Writ Petition, the applicant’s surname came to be misspelt in all the documents by the learned Advocate who filed the Writ Petition and the applicant has to suffer for not fault of hers. She has been prevented from withdrawing the deposited amount from the Registry of this Court. Mr. Ganguli has placed before me a number of documents in support of his contentions that :3: the name of the applicant is "Shakuntala Vinerkar". 3A. None appears for the petitioner-company despite the fact that the application was adjourned from time to time. . The documents relied upon by Mr. Ganguli are as under, (a) In the Salary Register for the month of January, 1992 maintained by the Petitioner-Company, the applicant’s name appears as "Shakuntala Vinerkar". (b) In the cheques dated 20/12/1997 and 7/9/1998 issued by the Company, the applicant’s name appears as "Shakuntala Vinerkar". (c) In the letters dated 9/5/1998, 21/12/1998 and 2/1/1999 addressed by the Company to the applicant, the applicant’s name appears as "Shakuntala Vinerkar". (d) In the muster roll, for January, 1992, her name appears as "Shakuntala Vinerkar". :4: 4. Hence, it is directed that the name of the present applicant, who was respondent no.1 in Writ Petition No. 4116 of 1996 be corrected and written as "Miss. Shakuntala Vinerkar". 5. Civil Application is allowed accordingly. Cheque for the amount due to the applicant be issued in the name of Miss.Shakuntala Vinerkar. (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)