High CourtsDivision Bench(2014) 01 GUJ CK 0066

Newton Engineering and Chemicals Ltd. vs Union of India

Gujarat High Court · Decided on 28 January 2014 · Citation: (2014) 310 ELT 494

HON’BLE JUDGES
R.P. Dholaria, J · Mukesh R. Shah, J
CASE NUMBER
Misc. Civil Application (For Review) No. 88 of 2014 in Special Civil Application No. 18031 of 2013

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Judgment

7 paragraphs · 367 words

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Mukesh R. Shah, J.

1.

The present application has been preferred by the applicant - original petitioner to rectify the order dated 13-12-2013 passed by this Court in Special Civil Application No. 18031 of 2013, as per the averments made in the application and issue fresh order. It is the case on behalf of the applicant that in the order dated 13-12-2013, the compliance date was wrongly mentioned as "16-1-2013" instead of "16-1-2014" and it was also wrongly mentioned that "petition is dismissed as withdrawn". As per the learned counsel for the applicant appeared in the above matter, the petition was not withdrawn by him. It is requested to delete the words "petition is dismissed as withdrawn" and to correct the date of compliance as 16-1-2014 in place of 16-1-2013.

2.

Heard learned advocate appearing on behalf of the applicant.

3.

At the outset, it is required to be noted that the main Special Civil Application No. 18031 of 2013 was argued by one Mr. Ramesh Nair, learned advocate appearing on behalf of the applicant - original petitioner.

4.

We distinctly recollect that the matter was argued for some time and as we were not inclined to entertain the petition, Mr. Ramesh Nair, learned advocate appearing on behalf of the petitioner sought permission to withdraw the said Special Civil Application with a request to grant further time to the petitioner to comply with the order of pre-deposit dated 2-7-2013 and, therefore, we permitted him to withdraw Special Civil Application and extended time to make payment of pre-deposit. Therefore, it is factually incorrect to say that in the order dated 13-12-2013, it is wrongly mentioned that "the petition is dismissed as withdrawn." Therefore, there is no question of rectifying the order dated 13-12-2013 as requested.

5.

However, it appears that in the order dated 13-12-2013, due to typographical error the compliance date is wrongly mentioned as "16-1-2013" instead of "16-1-2014". Under the circumstances, to that extent the earlier order dated 13-12-2013 passed in Special Civil Application No. 18031 of 2013 is rectified and in the said order, in place of "16-1-2013", it should be read as "16-1-2014". The present application is partly allowed to the aforesaid extent.