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Bombay High Court

NEW LOTUS COOPERATIVE HOUSING SOCIETYversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Allowed

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


                                                                1
 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.)




                              2


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