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Bombay High Court

RAJENDRA MADHUKAR NAIKversusMUNICIPAL CORPORATION OF GR MUMBAI

Decided
Disposal
DISPOSED OFF

Holding

A clerical error in a Court order may be corrected upon a proper application without affecting the substantive outcome.

Summary

Petitioner Rajendra Madhukar Naik filed a writ petition challenging the Municipal Corporation of Greater Mumbai, seeking correction of a typographical error in the Court's order dated 17 September 2026. The order mistakenly recorded a measurement as “3000 sq.mtrs.” instead of the intended “3000 sq.ft.”. The petitioner submitted a praecipe on 23 September 2026 requesting the correction. The Court examined the request and, noting that the error was purely clerical and did not affect the substantive rights of the parties, ordered the correction. The corrected order was directed to be uploaded, and the petition was disposed.

Issues considered

  • Whether a typographical error in a Court order can be corrected without a fresh hearing

Subjects

  • clerical error
  • order correction
  • civil procedure
  • writ petition
  • BMC

Judgment

                             PDP                                                   903-WP-4584-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
          by PRAVIN
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2026.09.24
          15:25:01 +0530
                                              WRIT PETITION NO. 4584 OF 2026

                             Rajendra Madhukar Naik                        .. Petitioner

                                   Vs.

                             Municipal Corporation of Greater
                             Mumbai & Ors.                                 .. Respondents
                                                                ...
                             Mr. Anil R. Mishra for Petitioner.
                             Ms. K. H. Mastakar for Respondents/BMC.
                                                                ...

                                          CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                  ADVAIT M. SETHNA, J.

                                         DATE      : 24th SEPTEMBER, 2026.

                             P.C. :

                             1.          A praecipe dated 23rd September, 2026 is moved for
                             speaking to the minutes of the Order dated 17 th September, 2026. It
                             is submitted that in paragraph No. 4 of the said Order, in the 3 rd line,
                             it is wrongly typed as “3000 sq.mtrs.” instead of “3000 sq.ft.”. Hence,
                             it is prayed that the same may be corrected as “3000 sq.ft.”.


                             2.          Accordingly, in paragraph No.4 of the Order dated 17 th
                             September, 2026 the words “3000 sq.mtrs.” is corrected as “3000
                             sq.ft.”.


                             3.          Corrected Order be uploaded accordingly.



                             [ADVAIT M. SETHNA, J.]                            [CHIEF JUSTICE]
                                                                1


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