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Bombay High Court

SHREE LAD CLUB MUMBAIversusJ.S SAHARIA AND 3 ORS

Decided
Disposal
DISPOSED OFF

Holding

The Court may amend its order to correct a clerical error in the date of a consent order.

Summary

The petitioners filed a praecipe on 17 September 2026 seeking correction of a clerical error in the consent order dated 7 November 2025, which was mistakenly recorded as 7 November 2026 in the order dated 11 September 2026. The application argued that the error was purely typographical and did not affect the substantive rights of the parties. The Court examined its inherent power to amend its own orders to correct clerical mistakes under established procedural principles. It held that such correction is permissible to reflect the true intention of the parties and to avoid confusion. Consequently, the Court ordered that the date in paragraphs 2 and 6 of the consent order be corrected to 7 November 2025 and that the corrected order be uploaded.

Issues considered

  • Whether the Court can correct a typographical error in the date of a consent order without a fresh hearing

Subjects

  • clerical error
  • order correction
  • praecipe
  • inherent jurisdiction
  • consent order

Judgment

                                                                (901)-IAL-29792-26.doc

      PANCHAL

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION

                             INTERIM APPLICATION (L) NO. 29792 OF 2026
          Digitally
                                                IN
BALAJI
          signed by
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                                  WRIT PETITION NO. 4444 OF 2025
PANCHAL   Date:
          2026.09.18
          16:17:44
          +0530

                       EMA Cricket Club                      ...Applicant

                       In the matter between

                       Shripad R. Halbe & Anr.               ...Petitioners
                             Versus
                       J. S. Saharia & Anr.                  …Respondents

                                              WITH
                               INTERIM APPLICATION NO. 4030 OF 2026
                                              WITH
                               INTERIM APPLICATION NO. 4404 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 26343 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29511 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29833 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29838 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29863 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29875 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29878 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 29953 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 30055 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 30069 OF 2026
                                              WITH
                             INTERIM APPLICATION (L) NO. 30079 OF 2026
                                              WITH

                                                 1
                                                  (901)-IAL-29792-26.doc


        INTERIM APPLICATION (L) NO. 30093 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30125 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30127 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30760 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30773 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30915 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30967 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 30974 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 31050 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 31126 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 31298 OF 2026
                         WITH
        INTERIM APPLICATION (L) NO. 31528 OF 2026
                          ...

Ms. Sneha Phene a/w Mr. Pratik Divekar i/by Ms.
Rajni Divekar, for the Petitioners in WP/4444/2025.

Mr. Gaurav Lele i/b. Mr. Viraj Jadhav, for the
Applicant in IAL/29511/2026.
                            ...

             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                     ADVAIT M. SETHNA, J.

               DATE : 18th SEPTEMBER, 2026.

P.C.:
1.         A praecipe dated 17th September 2026 is moved for
speaking to the minutes of the Order dated 11 th September
2026. It is submitted that in paragraph Nos.2 and 6 of the said

                               2
                                                  (901)-IAL-29792-26.doc


Order, the date of the Consent Order is wrongly typed as ‘7 th
November 2026’, instead of ‘7 th November 2025’. Hence, it is
prayed that Consent Order date be corrected as ‘7 th November
2025’.



2.        Accordingly, the date of the Consent Order in
paragraph Nos.2 and 6 of the Order dated 11 th September
2026, is corrected as ‘7 th November 2025’.



3.        Corrected order be uploaded accordingly.




[ADVAIT M. SETHNA, J.]                        [CHIEF JUSTICE]




                                3


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