Bombay High Court

V. M. SALGAONKAR AND BROTHER LTD., BY ITS ATTORNEY SAMIR R. AUDI.versusDAYANAND Z. NEOGI, REPRESENTED THR. LEGAL REPRESENTATIVES.,

Disposal: Allowed

Holding

The court may correct clerical errors in its orders and allow amendment of the prayer clause within three days.

Summary

The applicant, V. M. Salgaonkar and Brother Ltd., filed a miscellaneous civil application seeking correction of a clerical error in the court's order dated 27th August 2026, where the wrong respondent number was recorded as deceased. The applicant also requested permission to amend the prayer clause of the application within three days. The court examined its inherent power to rectify clerical mistakes and to allow limited amendments to pleadings. It held that such corrections are permissible to ensure accuracy of the record. Consequently, the court ordered the correction of the deceased respondent's number and granted liberty to amend the prayer clause within the stipulated period.

Issues considered

Whether the court can correct a clerical error in its order regarding the identity of a deceased respondent
Whether the applicant may be permitted to amend the prayer clause of the miscellaneous civil application within a short time frame

Subjects

clerical error correction
inherent jurisdiction
amendment of prayer clause
miscellaneous civil application

Judgment

                                 MCA 493 2026

     Amrut

             IN THE HIGH COURT OF BOMBAY AT GOA
               MISC.CIVIL APPLICATION NO.493 OF 2026
                                IN
                   SECOND APPEAL NO.57 OF 2015
V. M. SALGAONKAR AND BROTHER LTD.,
BY ITS ATTORNEY SAMIR R. AUDI.                       ... APPLICANT
   Versus
DAYANAND Z. NEOGI, REPRESENTED
THR. LEGAL REPRESENTATIVES.,                         ... RESPONDENTS


Ms. Neha Shirodkar, Advocate for Applicant.


                    CORAM:- S. G. CHAPALGAONKAR, J.
                    DATED :- 31st August, 2026

P.C.:


1.       Not on board. Upon mentioning, taken on board.


2.       A praecipe for speaking to the minutes is moved by learned
Advocate for Applicant seeking correction in the order dated 27th
August 2026, wherein by mistake it is recorded in Para 2 that
Respondent No.14 is dead and her legal heirs are to be brought on
record. Learned Advocate for Applicant points out that actually
Respondent No.13 is dead and not Respondent No.14, and this
Court recorded that Respondent Nos.2, 4, 10 and 14 are deceased
instead of Respondent Nos.2, 4, 10 and 13. Necessary correction be
caused in the order and corrected order be uploaded on the website.


                                   Page 1 of 2
                                 31st August, 2026
                                                          MCA 493 2026




                     3.          Applicant shall also be at liberty to cause correction in the
                     prayer clause (a) of Misc. Civil Application No.493 of 2026.
                     Amendment to be carried out within three days from today.



                                                                S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                            Page 2 of 2
Date: 01/09/2026 11:42:36
                                                          31st August, 2026

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