Dilip Mishrilal Jindal vs. The Superintendent Of CGST And Anr

BA/3971/2023HC BombayGSTCNR HCBM01056774202313 August 2024Bench: HON'BLE SHRI JUSTICE MANISH PITALE1 pages
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Facts

This matter concerns a bail application (BA No. 3971 of 2023) filed by Dilip Mishrilal Jindal, the applicant, against the Superintendent of CGST and another respondent. The application was listed for speaking to the minutes of an order dated 13.08.2024. It was brought to the Court's attention that paragraph 7 of the said order contained a typographical error regarding the disputed amount. The amount was incorrectly stated as 'Rs.1.92 crores' instead of the correct figure, 'Rs.192 crores'. The Court considered the documents on record and acknowledged this as an obvious error.

Held

The Court held that the discrepancy in the amount mentioned in paragraph 7 of the order dated 13.08.2024 was an obvious typographical error. Based on the documents on record, the Court found that the correct figure for the disputed amount was 'Rs.192 crores' and not 'Rs.1.92 crores'. The reasoning was that the correction was a straightforward rectification of a factual mistake evident from the case file. The Court directed that the amount in paragraph 7 of the order be corrected to 'Rs.192 crores' and that the corrected order be uploaded on the website. No other issues were discussed or decided.

Key Issues

The sole issue before the Court was to correct a typographical error in a previously passed order. Specifically, the question was whether the amount mentioned in paragraph 7 of the order dated 13.08.2024, which was recorded as 'Rs.1.92 crores', should be corrected to 'Rs.192 crores' based on the documents on record. The petitioner (applicant) sought this correction. The respondents did not appear to contest this correction, as indicated by the absence of arguments recorded for them on this specific point.

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901.

BA.3971.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURI ICTION BAIL APPLICATION NO. 3971 OF 2023 Dilip Mishrilal Jindal ...Applicant Versus The Superintendent of CGST & Anr. ...Respondents WITH INTERVENTION APPLICATION NO. 1126 OF 2024 IN BAIL APPLICATION NO. 3971 OF 2023 ***  None for the Applicant.  Ms. Harpreet Kaur Sethi i/b Mr. Satyaprakash Sharma, for Respondent No.1  Ms. R.V. Newton, APP for Respondent No.2. *** CORAM : MANISH PITALE, J. DATE : 08th OCTOBER, 2024. P. C. :

1.

This application is listed today for speaking to the minutes in respect of the order dated 13.08.2024. It is pointed out that in paragraph No.7 of the order, the amount has been wrongly mentioned as “Rs.1.92 crores”, while the correct figure is “Rs.192 crores.”

2.

Considering the documents on record, the aforesaid is an obvious typographical error, which needs correction.

3.

Accordingly, in paragraph No.7 the amount shall be corrected to “Rs.192 crores.” The corrected order shall be uploaded on the website. (MANISH PITALE, J.) Shrikant Malani SHRIKANT SHRINIVAS MALANI SHRINIVAS MALANI Date: 2024.10.09 10:51:10 +0530

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