Bombay High Court

HANSABEN JAYDEV JOSHIversusVAISHALI BHIKAN VARADE AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The court may correct clerical errors in its orders to reflect the intended relief.

Summary

The applicant filed a motion seeking a speaking to minutes order to correct a clerical error in the order dated 18.03.2026, where prayer Clause (C) was mistakenly typed as Clause (B) in paragraph 6. The respondent State, represented by an Advocate General, and another respondent were served with the motion. The court examined the submission that the error was inadvertent and purely typographical, not affecting the substantive rights of the parties. It held that the court has inherent power to correct such clerical mistakes to reflect the true intention of the original order. Consequently, the court ordered that the necessary correction be made and the corrected order be uploaded, disposing of the motion.

Issues considered

Whether the court may correct a clerical error in its own order by issuing a speaking to minutes order?

Subjects

clerical error
order correction
speaking to minutes
civil procedure
judicial correction

Judgment

2026:BHC-AUG:12246
                This Order is Speaking to Minutes order
                                                  (1)   of order dated //   ca-431-2026-speaking.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                     CIVIL APPLICATION NO.431 OF 2026
                                              IN WP/2789/2025

                                  HANSABEN JAYDEV JOSHI
                                             VERSUS
                          VAISHALI BHIKAN VARADE AND OTHERS
                                                …
               Mr. H. D. Deshmukh, Advocate for the Applicant.
               Ms. R. R. Tandale, AGP for Respondents-State.
               Mr. R. B. Gite, Advocate for Respondent No.1.
                                                …
                                         CORAM : S. G. CHAPALGAONKAR, J.
                                         DATED : 07th APRIL, 2026.
               P.C.:-

               1.       Motion is made for speaking to minutes in respect of order
               dated 18.03.2026.


               2.       It is submitted on behalf of learned Advocate appearing for
               applicant that in order dated 18.03.2026 inadvertently in
               paragraph no.6 instead of prayer Clause (C), prayer Clause (B) is
               typed.


               3.       Considering submissions advanced, consequential corrections
               be carried out and corrected order be uploaded accordingly.


               4.       Motion stands disposed.


                                                                  (S. G. CHAPALGAONKAR)
                                                                           JUDGE
               Devendra/April-2026

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