Bombay High Court
JAICO CRICEKT CLUBversusJ.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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