Managing Director U.P. Projects Corporation Ltd. Lko and Another v. Smt. Kamlesh Kumari and Another

Court No. - 8 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 186 of 2023 Applicant :- Managing Director U.P. Projects Corporation Ltd. Lko And Another Opposite Party :- Smt. Kamlesh Kumari And Another Counsel for Applicant :- I.M. Pandey Ist,Dharm Raj Mishra Hon'ble Pankaj Bhatia,J. Application No.01 of 2023

¶1Heard

¶2This application seeks condonation of delay in filing application for recall/modification of the judgment/order dated

27.01.2023 passed in Writ-A No.2958 of 2022 (Smt. Kamlesh Kumari Vs. State of U.P. and others).

¶3The cause shown is sufficient.

¶4The delay, in filing the recall/modification application, is condoned. On Memo

¶1Heard.

¶2This application seeks recall/modification of the judgment/order dated 27.01.2023 passed in Writ-A No.2958 of 2022 (Smt. Kamlesh Kumari Vs. State of U.P. and others).

¶3By means of the said judgment/order, it was directed that the respondents shall pay an amount of Rs.25,89,602/- to the petitioner, in accordance with law.

¶4Learned counsel for the applicant argues that only an amount of Rs.20,38,773/- was adjusted from the dues payable to the petitioner and, the same has been paid to the petitioner, however, on account of an error, the amount was indicated as Rs.25,89,602/-.

¶5Considering the averments made in the application, prima facie, this Court had passed order on the impression that an amount of Rs.25,89,602/- has been adjusted from the dues payable to the petitioner, which is a mistake, as in the order dated 15.03.2023, it was recorded that amount of Rs.20,38,773/- was payable to the petitioner.

¶6In view of above error, being apparent on record, the judgment/order dated 27.01.2023 is modified by holding that the amount, withheld by the respondents towards the post-retiral-dues, shall be paid. It is further clarified that since an amount of Rs.20,38,773/- has been paid by the respondents to the petitioner, no further amount is required to be paid by the respondents to the petitioner.

¶7Application stands disposed of. . [Pankaj Bhatia,J.] Order Date :- 18.10.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench