Bombay High Court
SHRI. SANJAY SHRIDHAR BENDREversusSAU. SUSHMA SANJAY BENDRE
- Decided
- Disposal
- Disposed Off
Holding
The High Court may correct clerical errors in its orders suo moto without affecting the substantive outcome.
Summary
Petitioner Sanjay Shridhar Bendre filed a writ petition challenging an operative order dated 7 September 2026. The court, on its own motion, noted that paragraph 6(b) of the order mistakenly recorded the year as 2015 instead of the correct year 2012. The issue was whether the court could amend its own order to rectify this clerical error. Relying on its inherent jurisdiction to correct clerical mistakes, the court held that such correction does not affect substantive rights and may be done suo moto. Consequently, the year in the operative order was corrected to 2012. The petition was thereafter disposed.
Issues considered
- Whether the High Court can correct a clerical error in its own order suo moto
Subjects
- clerical error correction
- inherent jurisdiction
- suo moto
- civil appellate jurisdiction
- order amendment
Judgment
1-WP-8613-2016 (C) smo (copy).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8613 OF 2016
Shri. Sanjay Shridhar Bendre ...Petitioner/s
Versus
Sau. Sushma Sanjay Bendre ...Respondent/s
_________________________________________________________________
None for parties.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 10th SEPTEMBER, 2026.
P.C. :
1. Not on board. The matter is taken up suo moto for speaking to
the minutes of order dated 7th September, 2026.
2. In paragraph 6, clause (b) of the operative order, the year of the
impugned order is inadvertently mentioned as 2015 instead of “2012”.
3. In view of above, the year of the impugned order be corrected
to 2012.
(SHIVKUMAR DIGE, J.)
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.09.10
15:04:45
+0530
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