Jer Rutton Kavasmneck alias Jer Jawahar Thandi - Bombay High ...

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COAPPL41.12
view, there is no question of law arises as formulated by the appellant and
setout in paragraphs 2B and 2C of this order.
55. The next submission of Mr. Samdhani, the learned counsel for the
appellant is that the impugned order passed by the CLB had not been
pronounced. It is submitted that the respondents had received the impugned
order and took steps to implement it even before the appellants learnt and/ or
received the said order. It is submitted that the order that is not pronounced is
not an order in the eyes of law.
56. On the other hand, Mr.Bobde, the learned senior counsel for the
respondent no.2 submits that :
(a) Pronouncement or delivery of a judgment or order “in open court”
has a two-fold object, firstly, the court or tribunal cannot alter the judgment
once it is delivered and secondly, the parties know with certainty as to what
the judgment, or its operative part, is and how their rights are affected and the
period of limitation for challenging the judgment beings to run. It matters not
that the judgment is signed later and certified copy is received later. The
essence of the matter is to make known to the parties exactly what the
judgment is, that is to say, communication of the judgment to the parties. The
knowledge of the judgment may be either actual or constructive. It is actual
when parties or their counsel are present when the judgment is delivered
immediately after the hearing is concluded, or in case of a reserved judgment,