Bombay High Court
POORVI SHAHversusMINTIFI PRIVATE LIMITED
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the erroneous phrase must be deleted and the order read accordingly.
Summary
The applicant, Poorvi Shah, filed an interim application seeking correction of a clerical error in the order dated 2 September 2026 in Suit No. 184 of 2025. The order mistakenly recorded a statement that an additional affidavit had been filed, which was not the case. The applicant contended that the phrase "and though writ of summons was served upon the company, she submits that an additional affidavit placing this material on record has also been filed" should be deleted. The court examined the submission and agreed that the wording was erroneous. Consequently, the court ordered that the said paragraph be read without the erroneous words, effectively amending the original order. No substantive merits of the underlying suit were addressed.
Issues considered
- Whether the order dated 2 September 2026 contains a clerical error requiring correction
- Whether the phrase regarding an additional affidavit should be deleted
Subjects
- interim application
- correction of order
- civil procedure
- amendment of judgment
- clerkial error
Judgment
1/2 IA-4733-2026 (NOB-3).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 4733 OF 2026
IN
SUIT NO. 184 OF 2025
Digitally
signed by
SAIRAJ
SAIRAJ SANJAY
SANJAY KARANDE
KARANDE Date:
2026.09.10
11:16:16
Poorvi Shah … Applicant
+0530
In the matter of :
Suraj Ramesh Mundada … Plaintiff
Vs.
Mintifi Private Limited & Others … Defendants
_______
Mr. Shashwat Rai i/b Keystone Partners for Applicant in IA No. 4733 of 2026.
Ms. Soumya Srinivasan i/b Legasis Partners for Defendants.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 9th SEPTEMBER, 2026.
P.C.
1. Not on Board. Upon mentioning, taken on Board.
2. Praecipe has been moved for speaking to the minutes of the order
dated 2nd September, 2026.
3. Learned counsel for the Applicant points out that inadvertently, the
statement is that the “additional affidavit placing this material on record
Sairaj
2/2 IA-4733-2026 (NOB-3).DOC
has also been filed” has been recorded in paragraph no. 3 of the order
dated 2nd September, 2026.
4. In the said paragraph no. 3, the words “and though writ of summons
was served upon the company, she submits that an additional affidavit
placing this material on record has also been filed” be deleted.
5. The order dated 2nd September, 2026 to be read accordingly.
(ARIF S. DOCTOR, J.)
Sairaj
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