Dhananjoy Banik And 3 Ors. vs. M/S Jud Cement LTD. And Anr

Held

The Court held that there was a discrepancy in the monthly rent amount mentioned in the order dated 06.09.2022. The applicants had correctly pointed out, by referring to the plaint and the rent agreement, that the actual monthly rent payable was Rs. 3,50,550/-. The opposite party also did not object to this correction. Therefore, the Court decided to correct the previous order. The ratio decidendi is that clerical errors in stating figures in court orders, when demonstrably incorrect based on the case record and undisputed by parties, should be rectified to reflect the true contractual or statutory obligation. The Court directed that the monthly rent required to be paid, as per the agreement, is Rs. 3,50,550/- excluding GST, to be paid on or before the 15th of every month into the specified accounts of the plaintiffs in equal proportions. This corrected amount shall be read together with the order dated 06.09.2022.

Facts

The applicants, Dhananjoy Banik and others, filed an application seeking correction in a previous order dated 06.09.2022. This order had stayed a trial court's decree for eviction and recovery of arrears of rent, subject to certain conditions. One of the conditions stipulated that the appellant shall continue to pay a monthly rent of Rs. 3,00,550/- (excluding GST) on or before the 15th of every month. The applicants contended that the monthly rent was wrongly quoted as Rs. 3,00,550/-, when the actual rent payable, as stated in the plaint and the rent agreement, was Rs. 3,50,550/-. They sought correction of this clerical error in the previous order.

Key Issues

1. Whether the monthly rent payable by the appellant is Rs. 3,00,550/- or Rs. 3,50,550/- as per the rent agreement and the plaint, and if there is a discrepancy, whether the Court's order dated 06.09.2022 needs correction. Petitioner's Argument: The petitioner argued that the monthly rent was incorrectly stated as Rs. 3,00,550/- in the Court's order dated 06.09.2022. They relied on paragraph 3 of the plaint (Page-35) and the rent agreement (Page-59 of the RFA) which clearly indicate the monthly rent to be Rs. 3,50,550/-. They submitted that this was a clerical error that needed to be rectified. Revenue/State's Argument: The learned counsel for the opposite party did not object to the prayer made by the applicant and conceded that the amount directed to be paid by the tenant ought to have been Rs. 3,50,550/- per month.