Advocate Ashwini Hasabnis for the complainant
Advocate Deshpande for the Opponent
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Per Shri. V. P. Utpat, Hon’ble President-
Order Below Application for amendment in the tile clause and in the operative part of the judgment order in PDF/474/2010 filed by the complainant
ORDER Dt. 22/02/2013
1. This application is filed by the original complainant in PDF/474/2010 for rectification of title clause in the judgment of PDF/474/2010. It is the case of the complainant that he had filed the said complaint against the ICICI Home Finance Co. Ltd. for recovery of principal amount and interest on the said amount. The said complaint was filed against the ICICI Home Finance Co. Ltd. but inadvertently while passing the judgment the name of the opponent has been shown as ICICI Finance Co. Ltd. Complainant has further stated that even though it appears from the body of the judgment that the complainant has claimed relief for two Fixed Deposit Receipts of Rs.25,000/- each, having maturity value of Rs.29,749/- each, the order was passed only as regards one Fixed Deposit Receipt. Hence complainant has prayed that amount be stated as Rs.59,498/-. Hence complainant has also prayed for carrying amendment in the title clause of the order and in the operative part of the order to that extent.
2. The opponent has resisted the application. According to the opponent unless and until the original record is not called the amendment cannot be carried out. The Opponent has prayed for dismissal of the application.
3. Then the original record in the complaint No. PDF/474/2010 was called and it reveals from the same that the complaint was filed against the ICICI Home Finance Co. Ltd. and the mistake was carried out in the title page of the judgment, inadvertently the name of the opponent was shown as ICICI Finance Co. Ltd.
It appears from the body of the judgment that the complainant has claimed relief for two Fixed Deposit Receipts of Rs.25,000/- each, deposited on 30/09/2008 and the date of maturity was 31/05/2010. While passing the operative order the order was passed only as regards one Fixed Deposit Receipt having maturity value of Rs.29,749/-. These facts are not challenged by the opponent. There was no default on the part of the part of complainant and such mistakes which are clerical mistakes and can be rectified u/s 152 of the C.P.C. even suo-motto. Hence in my opinion application for carrying out amendment in the title clause of the judgment and amendment in the operative part of the order in PDF/474/2010 deserves to be allowed. Hence I pass the following order-
:- ORDER :-
1. Application is allowed.
2. In the title page of the judgment PDF/474/2010 the name of the opponent be mentioned as “ आय.सी.आय.सी.आय होम फायनान्स कंपनी लिमिटेड ”. And in the operative part of the Order in PDF/474/2010 in clause No.2 the amount be mentioned as “रु.59,498/- [ रु. एकोणसाठ हजार चारशे अठठयाणव फक्त ]”.
Copy of this order along with correct copy of judgment order be supplied to both the parties free of cost.
