2015 (1) TMI 800 - HC - Central Excise

Rectification of mistake - Held that - 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 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it is factually incorrect to say that in the order, it is wrongly mentioned that the petition is dismissed as withdrawn. Therefore, there is no question of rectifying the order as requested. - Rectification denied.

Summary

Issues: Rectification of compliance date and withdrawal of petition in the order dated 13-12-2013.

In the judgment by the High Court, the applicant sought rectification of the order dated 13-12-2013, stating that the compliance date was incorrectly mentioned as "16-1-2013" instead of "16-1-2014" and that it was wrongly stated that the petition was dismissed as withdrawn. The applicant's counsel argued that the petition was not withdrawn by him and requested the correction of the compliance date and deletion of the withdrawal statement. The Court noted that the main application was argued by a different advocate who sought permission to withdraw the petition and was granted an extension for compliance with the pre-deposit order. The Court clarified that the petition was indeed withdrawn with permission and the withdrawal statement in the order was not incorrect. However, acknowledging a typographical error in the compliance date, the Court rectified the order by changing the compliance date to "16-1-2014" instead of the erroneous "16-1-2013." Consequently, the Court partly allowed the application for rectification to correct the compliance date in the order.