Bombay High Court
FAGIOLI S P AversusEXPRESS GLOBAL LOGISTICS PVT LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the word ‘not’ was a typographical error and must be deleted, and that paragraph 9 should also be deleted, thereby amending the order.
Summary
The plaintiff, Express Global Logistics Pvt. Ltd., filed an interim application before the Bombay High Court seeking correction of a typographical error in an order dated 21 August 2026. The plaintiff’s counsel pointed out that the word “not” was inadvertently inserted after “shall” in paragraph 8, contrary to the court’s intended direction to the Tribunal. The application also sought deletion of paragraph 9. After hearing the counsel, the judge identified the mistake as a clear typographical error and ordered that the word “not” be deleted and paragraph 9 be removed. The corrected order was to be read as amended. The court’s decision allowed the interim application and rectified the order accordingly.
Issues considered
- Whether the word ‘not’ in paragraph 8 of the order dated 21 August 2026 should be deleted as a typographical error
- Whether paragraph 9 of the same order should be deleted
- Whether an interim application can be entertained to amend a court order for typographical errors
Subjects
- interim application
- typographical error
- order amendment
- civil procedure
- Bombay High Court
Judgment
3-IA-5477-2025 (OS).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 5477 OF 2025
IN
COMMERCIAL SUIT NO.(L) NO.14654 OF 2025
Digitally
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL Date:
2026.09.02
12:46:31 Fagioli S.P.A. … Applicant
+0530
Defendant No.1
In the matter between:
Express Global Logistics Pvt. Ltd. … Plaintiff
Versus
Fagioli S.P.A. & Ors. … Defendants
_______
Ms. Isha Sawant i/b. Ridhi Nyati for the Plaintiff
__
CORAM : ARIF S. DOCTOR, J.
DATE : 1st SEPTEMBER 2026
P.C.
1. Today the matter is placed on board for speaking to the
minutes of order dated 21st August 2026.
2. The learned counsel appearing on behalf of Plaintiff
pointed out that in second line of paragraph No.8, the Court has
Basavraj Page|1
3-IA-5477-2025 (OS).DOC
inadvertently used the word “not” after the word “shall”. She
submits that the word “not” be deleted since the Court had
specifically directed the Tribunal to issue necessary directions.
3. Having heard the learned counsel, there is obvious
typographical error in the order dated 21st August 2026 and
hence, the word “not” be deleted from second line of paragraph
No.8. So also, delete paragraph No.9.
4. The order dated 21st August 2026 shall, accordingly, be
read.
[ARIF S. DOCTOR, J.]
Basavraj Page|2
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