Western Metal Industries Private Limted vs. Aar Dee Extrusions (INDIA) Private Limited And Othersv
Held
The Court allowed the praecipe filed by the petitioner. It held that the email ID of Mr. Aseem Naphade should be corrected to 'aseem1112@gmail.com'. Furthermore, the Court directed that the details of the listed invoices, which span from March 20, 2018, to July 10, 2019, be added to the fifth line of paragraph 1 of the order dated May 27, 2021. The reasoning was to ensure the accuracy and completeness of the court's order. The praecipe for speaking to the minutes was accordingly disposed of with these necessary corrections incorporated. No specific GST provisions were discussed in relation to the substantive dispute, as this order pertains to procedural correction.
Facts
This matter concerns a praecipe filed by the petitioner, Western Metal Industries Pvt. Ltd., to speak to the minutes of an order dated May 27, 2021. The petitioner sought to correct the email ID of Mr. Aseem Naphade and to add details of specific invoices to paragraph 1 of the said order. The invoices listed span from March 20, 2018, to July 10, 2019, and are identified by invoice numbers such as HA/GST/1718/3590, HA/GST/1819/0047, and HA/GST/1920/01072. The praecipe was moved to ensure accuracy in the court's record. The respondents are Aar Dee Extrusions (India) Pvt. Ltd. & Ors.
Key Issues
The primary issue before the Court was whether to allow the praecipe filed by the petitioner to amend the minutes of the order dated May 27, 2021. The petitioner argued that specific corrections were necessary for accuracy, namely the correct email address for Mr. Aseem Naphade and the inclusion of a detailed list of invoices that were inadvertently omitted from the original order. The petitioner contended that these additions were crucial for the proper record-keeping and clarity of the court's directive. The revenue or State's position on this specific praecipe is not recorded in the judgment. The court had to decide if the requested amendments were appropriate and necessary to rectify the order.
AI-generated summary — verify with the full judgment below
ARP 46-21 speaking.doc Bhogale IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 46 OF 2021 WESTERN METAL INDUSTRIES PVT. LTD. ... PETITIONER VS. AAR DEE EXTRUSIONS (INDIA) PVT.LTD.& ORS. ...RESPONDENTS --------------------- Zain Mookhi a/w. Jay Vakil & Anuj Gandhi for petitioner. Dipesh Mehta for respondents. --------------------- CORAM : M.S.KARNIK, J. DATE : MAY 28, 2021 (VIA V.C.) P.C.:- In this matter, praecipe is moved by way of speaking to the minutes of order dated 27th May, 2021. In paragraph 2 Email ID of Mr. Aseem Naphade should be read as “aseem1112@gmail.com”. In paragraph 1 in the 5th line of the order dated 27th May, 2021, the details of the invoices below mentioned be added :- 20-Mar-2018 HA/GST/1718/3590
23-Mar-2018 HA/GST/1718/3616
24-Mar-2018 HA/GST/1718/3639
06-Apr-2018 HA/GST/1819/0047
06-Apr-2018 HA/GST/1819/0051
13-Apr-2018 HA/GST/1819/0124
14-Apr-2018 HA/GST/1819/0141 1 Of 5
ARP 46-21 speaking.doc 17-Apr-2018 HA/GST/1819/0161
20-Apr-2018 HA/GST/1819/0199
27-Apr-2018 HA/GST/1819/0271
07-May-2018 HA/GST/1819/0326
07-May-2018 HA/GST/1819/0327
14-May-2018 HA/GST/1819/0405
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