Case Note & Summary
The judgment pertains to an application for Speaking to the Minutes of an order dated 9th March 2021 passed by the Bombay High Court in Interim Application (St.) No. 2044 of 2021 in Writ Petition (St.) No. 3221 of 2020 and connected Writ Petition No. 2657 of 2020. The applicant, Marvel Sigma Homes Pvt. Ltd., sought corrections of typographical errors in the original order. The court identified several instances where the word 'RERA' was incorrectly used in place of 'Adjudicating Officer' and vice versa, and where the word 'Authority' was used instead of 'Officer' or 'Adjudicating' instead of 'Regulatory'. Additionally, the date of the order was incorrectly mentioned. The court allowed the application and directed that the corrections be made as specified, including replacing 'RERA' with 'Adjudicating Officer' in paragraph 2.2, replacing 'Adjudicating Authority' with 'RERA' at various places, replacing 'Authority' with 'Officer' at certain places, replacing 'Adjudicating' with 'Regulatory' at certain places, and replacing 'Adjudicating Officer' with 'RERA' in paragraph 14.2. The application was disposed of with directions to upload the corrected order.
Headnote
A) Civil Procedure - Speaking to Minutes - Correction of Typographical Errors - The court allowed an application for Speaking to the Minutes to correct typographical errors in an earlier order, substituting 'Adjudicating Officer' with 'RERA' and vice versa at multiple places, and correcting the date. Held that such corrections are permissible to ensure the order reflects the true intention of the court (Paras 1-3).
Issue of Consideration
Whether the order dated 9th March 2021 contains typographical errors that require correction under the doctrine of 'Speaking to Minutes'.
Final Decision
The application for Speaking to the Minutes is allowed. The corrections as specified in the order shall be made, and the corrected order shall be uploaded.
Law Points
- Correction of typographical errors
- Speaking to Minutes
- RERA
- Adjudicating Officer
- Regulatory Authority
Case Details
2021 LawText (BOM) (03) 105
Interim Application (St.) No. 2044 of 2021 in Writ Petition (St.) No. 3221 of 2020 with Writ Petition No. 2657 of 2020
S. J. Kathawalla, Vinay Joshi
Mr. Sharan Jagtiani, Sr. Advocate i/b Namrata Agashe a/w Ranjit Agashe for the Petitioner; Mr. A. I. Patel Addl. Govt. Pleader a/w Ms. K. N. Solunke, AGP for the Respondent - State; Mr. Amit Gharte for the Respondent No. 4
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Nature of Litigation
Application for Speaking to the Minutes to correct typographical errors in a previous order.
Remedy Sought
Correction of typographical errors in the order dated 9th March 2021.
Filing Reason
Typographical errors in the order dated 9th March 2021, including incorrect substitution of 'RERA' and 'Adjudicating Officer' and wrong date.
Previous Decisions
Order dated 9th March 2021 in Interim Application (St.) No. 2044 of 2021 in Writ Petition (St.) No. 3221 of 2020 and Writ Petition No. 2657 of 2020.
Issues
Whether the order dated 9th March 2021 contains typographical errors that require correction.
Submissions/Arguments
The applicant pointed out multiple typographical errors in the order dated 9th March 2021, including incorrect use of 'RERA' and 'Adjudicating Officer', and wrong date.
Ratio Decidendi
Typographical errors in a judgment or order can be corrected under the doctrine of 'Speaking to Minutes' to ensure the order reflects the true intention of the court.
Judgment Excerpts
An application is made for Speaking to the Minutes of the order dated 9th March, 2021.
The application for Speaking to the Minutes of the order dated 9th March, 2021 is accordingly disposed of in the aforesaid terms and the corrected order be uploaded.
Procedural History
The court had earlier passed an order on 9th March 2021 in Interim Application (St.) No. 2044 of 2021 and connected matters. Subsequently, an application for Speaking to the Minutes was filed to correct typographical errors in that order. The present order disposes of that application.
Acts & Sections
- Real Estate (Regulation and Development) Act, 2016:
