Final Order 3

Order Details: Order below exhibit
Pdf Text: 1 OBE 12 in Comm. Suit 1270 of 2021
ORDER BELOW EXHIBIT 12
IN
COMMERCIAL SUIT NO.1270 of 2021
Jyoti Datta Wagh ...Plaintiff
Versus
Indubai Chandrakant Lihinar ….Defendant
Appearance:
Adv. Mr. Ramesh Jain for Plaintiff.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 4th AUGUST 2022
ORDER
Heard Learned Advocate Ramesh Jain for the plaintiff. It is
submitted by the Learned Advocate for the plaintiff that inadvertently in
the Judgment dated 12.07.2022 in Commercial suit No. 1270 of 2021,
instead of “Commercial Suit”, it is wrongly mentioned as “Commercial
Summery Suit” in the title clause, operative order and Header column
of the Judgment and submitted that actually the suit is only
“Commercial Suit” and not “Commercial Summary Suit”. Hence, prayed
for correction of the typographical error.
2. I have gone through the copy of Judgment as well as
Record and Proceeding. It is seen from the record that the suit is
registered as a Commercial Suit, but inadvertently instead of
“Commercial Suit”, it is wrongly mentioned as “Commercial Summery
Suit”. As per Section 152 of the Code of Civil Procedure, “Clerical or
arithmetical mistakes in Judgments, decrees or Orders or errors
arising therein from any accidental slip or omission may at any
time be corrected by the Court either of its own motion or on the
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2 OBE 12 in Comm. Suit 1270 of 2021
application of any of the parties”. Hence, I pass the following order:
ORDER
1) Speaking to the minutes, the Court rectifies the
typographical errors in the Judgment as follows :
Instead of “Commercial Summery Suit”, the same be
read as “Commercial Suit” in title, operative
order and header column of the Judgment. The
word of “Summery” in the Judgment be deleted.
2) To avoid dilemma, I am reuploading this corrected
Judgment. (Rectified copy of this Judgment is re
uploaded today i.e. on 04.08.2022). Roznama be
corrected accordingly and reuploaded accordingly.
Dated : 04.08.2022 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
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3 OBE 12 in Comm. Suit 1270 of 2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06.08.2022 1.30 p.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
04.08.2022
Judgment/order signed by P.O on 04.08.2022
Judgment/order uploaded on 06.08.2022
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