Bombay High Court
NEW LOTUS COOPERATIVE HOUSING SOCIETYversusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Allowed
- Bench
- M S KARNIKS M MODAK
Holding
The Court held that clerical and typographical errors in its orders may be corrected under its inherent jurisdiction without prejudice to the parties.
Summary
The New Lotus Co-operative Housing Society Ltd. filed writ petitions challenging certain actions of the State of Maharashtra. In the court's order dated 23/04/2026, two clerical errors were identified: the abbreviation ‘PMC’ was mistakenly typed as ‘BMC’, and the filing date of Writ Petition No. 5525 of 2016 was incorrectly shown as ‘03/05/2006’ instead of ‘03/05/2016’. The petitioners sought correction of these errors. The Court exercised its inherent jurisdiction to amend its own orders for typographical mistakes, holding that such corrections do not affect the substantive rights of the parties. Consequently, the Court directed that the original order be corrected and the revised order uploaded on its website.
Issues considered
- Whether the Court can correct typographical errors in its own order under its inherent powers
- Whether correction of the abbreviation ‘PMC’ to ‘BMC’ and the filing date is permissible without affecting the merits of the petition
Subjects
- clerical error correction
- inherent jurisdiction
- writ petition
- civil appellate jurisdiction
- court order amendment
Judgment
Ingale wp-2227-10-speaking.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
URMILA by
Digitally signed
URMILA
CIVIL APPELLATE JURISDICTION
PRAMOD
PRAMOD INGALE
INGALE Date:
2026.04.28
14:46:26 +0530
WRIT PETITION NO.2227 OF 2010
WITH
CIVIL APPLICATION NO.2092 OF 2012 (for stay)
WITH
INTERIM APPLICATION NO.723 OF 2019
ALONG WITH
WRIT PETITION NO.5525 OF 2016
WITH
INTERIM APPLICATION NO.3590 OF 2021
New Lotus Co-operative Housing Society Ltd. … Petitioner
Versus
The State of Maharashtra & ors. .… Respondents
****
Adv. Rohit Chavan i/b. Adv. Vishal Kale a/w Mr. Ganesh Misal, for
the petitioner in both the matters.
Mr. R.M. Pethe, for respondent no.4 in WP/5525/2016.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 28th APRIL, 2026
P.C. :
1. These matters are moved for speaking to minutes of order
dated 23/04/2026. Inadvertently, in the said order, in the
appearance of the respondent, instead of ‘PMC’, it is wrongly typed
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Ingale wp-2227-10-speaking.odt
as ‘BMC’. As also, in paragraph 9 of the said order, the date of
filing of the Writ Petition No. 5525 of 2016 is wrongly typed as
‘03/05/2006’, instead of ‘03/05/2016’.
2. The above corrections be carried out in the original order and
corrected order be uploaded on the website of this Court.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
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