Bombay High Court
RAJENDRA S DAGAversusKAYNET FINANCE LIMITED
- Decided
- Disposal
- DISPOSED OFF
- Bench
- GAURI GODSE
Holding
The court held that a pure typographical error in a judicial order may be corrected to reflect the true intention of the original order.
Summary
The High Court of Bombay heard an interim application filed by Defendant No.3 seeking correction of a typographical error in an order dated 9 March 2026. The order mistakenly recorded the date as 12 May 2018 instead of the correct date, 12 May 2010. The defendant argued that the error was purely clerical and could be rectified without prejudice to the parties. The court examined the provisions allowing correction of clerical mistakes in judicial orders. It held that such errors may be corrected to reflect the true intention of the original order. Consequently, the court ordered that the original order be amended by replacing “2018” with “2010” and that the corrected order be uploaded.
Issues considered
- Whether a typographical error in a judicial order can be corrected under the Civil Procedure Code
- Whether the correction alters the substantive rights of the parties
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 2 Rule 2
Subjects
- typographical error
- correction of order
- civil procedure
- interim application
- judicial amendment
Judgment
503- IA 621 of 2026.doc
tikams IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 621 OF 2026
VAISHALI IN
ANIL
TIKAM COMMERCIAL SUIT NO. 69 OF 2024
Digitally signed
by VAISHALI Rajendra S. Daga … Applicant
ANIL TIKAM
Date:
2026.03.13
12:01:15 +0530 In the matter between
National Stock Exchange of India Ltd. ... Plaintiff
vs.
Kaynet Finance Limited. … Defendant
Mr. Dushyant Krishnan for Defendant No.3 and Applicant in
IA/621/2026.
Mr. Jaiveer Dhakan i/by M.s. Manilal Kher Ambalal and Co., for
Plaintiff.
CORAM : GAURI GODSE, J.
DATED : 12th MARCH 2026
ORDER:
1. Not on Board. Taken on Production Board in view of
production praecipe submitted on behalf of Defendant No.3.
2. Learned counsel for defendant no.3 submits that there is a
typographical error in paragraph 2 of the order dated 9 th March 2026
in mentioning the date as 12th May 2018 instead of 12th May 2010.
Page no. 1 of 2
503- IA 621 of 2026.doc
3. Original order be corrected by replacing “2018” with “2010”
in paragraph 2 of the order.
4. Original order be corrected and corrected order be uploaded.
(GAURI GODSE, J.)
Page no. 2 of 2
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