Court corrects compliance date error in order, partially allows rectification application. The High Court clarified that a compliance date in an order was erroneously stated as '16-1-2013' instead of '16-1-2014' but upheld the withdrawal of the ...
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Court corrects compliance date error in order, partially allows rectification application.
The High Court clarified that a compliance date in an order was erroneously stated as "16-1-2013" instead of "16-1-2014" but upheld the withdrawal of the petition as correctly recorded. The Court partially allowed the application for rectification, correcting the compliance date to "16-1-2014" in the order.
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mentioned as "16-1-2013" instead of "16-1-2014" and that it was wrongly stated that the petition was dismissed as withdrawn. The applicant's counsel argued that the petition was not withdrawn by him and requested the correction of the compliance date and deletion of the withdrawal statement.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 The Court clarified that the petition was indeed withdrawn with permission and the withdrawal statement in the order was not incorrect.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.
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