Haryana

StateCommission

MA/70/2024

HDB FINANCIAL SERVICES LTD. AND ANOTHER - Complainant(s)

Versus

RAJPAL - Opp.Party(s)

PRIYANKA GUPTA

08 Apr 2024

ORDER

Heading1
Heading2
 
Miscellaneous Application No. MA/70/2024
( Date of Filing : 27 Feb 2024 )
In
First Appeal No. A/412/2020
 
1. HDB FINANCIAL SERVICES LTD. AND ANOTHER
HDB
...........Appellant(s)
Versus
1. RAJPAL
RAJPAL
...........Respondent(s)
 
BEFORE: 
  NARESH KATYAL PRESIDING MEMBER
  MANJULA MEMBER
 
PRESENT:
 
Dated : 08 Apr 2024
Final Order / Judgement

M.A. No.70 of 2024 in                                                                           

F.A.No.412 of 2020   

                                                                            

Present:     Ms. Priyanka Gupta, counsel for appellant-applicant.

                   This order will dispose off Micellsneous Application No.70 of 2024 filed by learned counsel for applicant-appellant, seeking paryer for correction/modification of order dated 30.01.2024 passed by this Commission for seeking refund of amount so deposited at the time of filing of this appeal. It is urged by learned counsel for applicant-appellant that though it has been correctly mentioned, in figures in order dated 30.01.2024 that amount of Rs.75,000/- being statutory amount deposited at the time of filing of this appeal, be refunded to appellant, but in words Rs.Seventy Five Thousands  has wrongly been mentioned as Rupees Nine Thousand Five Hundred. Learned counsel for applicant has thus requested to pass order for correction/modification of order dated 30.01.2024. This Commission is of opinion that: no notice of this Miscellaneous Application No.70 of 2024 is required to be issued to respondent. It is settled law that record of the Commission must reflect true and correct state of affairs and typographical error like this, can always be corrected by the court/Commission either suo-motu, or on filing of application by any of the party. In this case, an application for modification of order has been filed. From text of this application; an inference is flowing out that integral part of order dated 30.01.2023 will not change. Consequently, Miscellaneous Application No.70 of 2024 stands allowed and office is directed to make necessary correction in Para No.5 of main order dated 30.01.2024 by mentioning in words Rs.Seventy Five Thousands only instead of Rupees Nine Thousand Five Hundred. Reader attached with this Commission will carry out this correction with “red ink” on force of this order. Thereafter, office is directed to issue refund of Rs.75,000/- in favour of appellant. This order passed today, will be read along with main order dated 30.01.2024. Micellsneous Application No.70 of 2024 stands disposed off accordingly. File be consigned to record room along with copy of this order.

 
 
[ NARESH KATYAL]
PRESIDING MEMBER
 
 
[ MANJULA]
MEMBER
 

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