2020 (11) TMI 1024 - HC - Customs

Seeking rectification of mistake - omission to make certain additions in the judgment and order dated 15th October, 2020 passed by this Court disposing of the related Writ Petition - HELD THAT - The scope of the present Interim Application is very limited i.e. whether while allowing the two Writ Petitions, certain portion of the prayer made by the Applicant as the Petitioner in Writ Petition (L) No.3502 of 2020 got omitted and which is required to be added, nonetheless, we are of the view that since learned Addl. Solicitor General has submitted that Respondents are filing SLP within a day or two, hearing of this Interim Application may be deferred for a week. Stand over to 3rd December, 2020 as was directed earlier.

Summary

Issues:
1. Addition of certain elements in a judgment.
2. Omission of prayer clause in a writ petition.
3. Filing of Special Leave Petition (SLP) by the Respondents.
4. Scope and timing of the Interim Application hearing.

Analysis:
1. The judgment pertains to an Interim Application seeking additions in a judgment and order dated 15th October, 2020, related to Writ Petitions (L) No. 3502 of 2020 and 3503 of 2020. The Applicant requested the incorporation of prayer clause (c) from Writ Petition (L) No. 3502 of 2020 into paragraph 38 of the judgment and order.

2. The Respondent, represented by the learned Additional Solicitor General, opposed the Applicant's prayer, stating their intention to file a Special Leave Petition (SLP) before the Supreme Court against the judgment and order dated 15th October, 2020. The ASG mentioned that the SLP would be filed within a day or two, indicating ongoing legal actions by the Respondents.

3. The Court acknowledged the limited scope of the Interim Application, focusing on the specific omission of the prayer made by the Applicant in Writ Petition (L) No. 3502 of 2020. Despite the opposition by the ASG, the Court decided to defer the hearing of the Interim Application for a week due to the impending filing of the SLP by the Respondents.

4. Consequently, the Court directed the matter to stand over to 3rd December, 2020, as previously instructed. The order was to be digitally signed by the Private Secretary of the Court, with permission granted for the Sheristedar to email a copy of the order to the Petitioner. The Court emphasized that all concerned parties should act upon the digitally signed copy of the order, ensuring compliance with the judicial directives.