spb/ 1 cast29463-11wp6617 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION (ST.) NO. 29463 OF 2011 IN WRIT PETITION NO. 6617 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Raja Ghadge for the Petitioners. Mr. Umesh Desai for the Respondent No.1. Mr. S.D. Rayrikar, AGP for the Respondent Nos. 3 to 5. --- CORAM : G.S. GODBOLE, J. DATE : 09th NOVEMBER, 2011 P.C.:- 1 Not on Board. Taken on Board. 2 This is an Application for recalling of the order dated 8.11.2011 which was pronounced in the open court. I have considered the Application and have carefully read the Judgment and Order dated 21.4.2011 passed by the Full Bench (D.K.Deshmukh, Anoop V. Mohta, Ranjit More, JJJ.) in Writ Petition Nos. 6403/2010 and 7293/2010. Earlier order passed by me on 8.11.2011 was obviously wrong and had been passed by an incorrect spb/ 2 cast29463-11wp6617 reading of the two questions of law which had been framed and answered. This is a case where a mistake was committed by the Court which will result in prejudicing the parties and hence, as held by the Supreme Court in the case of Budhia Swain & Ors. vs. Gopinath Deb & Ors., (1999) 4 S.C.C. 396, this is a fit case for recalling the order. 3 Hence, the Civil Application is allowed. Affirmation is dispensed with. The order dated 8.11.2011 which was pronounced in the open Court but was not signed is recalled. 4 List the Writ Petition for admission on Monday, the 14th November, 2011 . (G.S.GODBOLE, J.)