2015 (9) TMI 1593 - HC - Companies Law

Speaking to minutes for modification - Held that - There appears to be an inadvertent error while transcribing the above quoted para 4 and the same be corrected and reads as under. 4. Notice of the hearing of the petition to be served on the Central Government through the Regional Director, ROC Bhavan, Opp.Rupal Park Society, B/h. Ankur Bus Stop, Naranpura, Ahmedabad pursuant to Section 394 A of the Companies Act, 1956. Notice of Hearing of the petition on the Regional Director shall be served, at least 10 days before the date of hearing so fixed.

Summary

Issues: Correction of transcription error in a court order

Analysis:
The issue in this case pertains to a transcription error in a court order dated 04.09.2015. The Registry pointed out the error to the Court, which involved a paragraph regarding the service of notice for a petition under Section 394 A of the Companies Act, 1956. The original paragraph stated that notice should be served to the Central Government through the Regional Director and the Official Liquidator. However, the correct version should exclude the Official Liquidator and only require notice to be served on the Regional Director. The Court acknowledged the error and directed the correction of the paragraph. Once the correction was made, the office note by the Registry was disposed of, and direct service was permitted on the same day.

This judgment highlights the importance of accuracy in court orders and the necessity to rectify any inadvertent errors promptly. The correction of the transcription error ensured that the proper procedure for serving notice in accordance with the Companies Act, 1956, was clarified. It also demonstrates the Court's commitment to upholding procedural correctness and ensuring that legal documents accurately reflect the intended instructions. The prompt resolution of the transcription error by the Court showcases the efficiency and diligence in maintaining the integrity of legal proceedings.