Zakir Hussain v. The Axis Bank Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1167 of 2020 In Civil Writ Jurisdiction Case No.2841 of 2020 ====================================================== 1.

Zakir Hussain Son of Late Wazir Hussain Khan, resident of 68, South Gandhi Nagar, Boring Canal Road, P.S.- Srikrishnapuri, Town and DistrictPatna 800001. 2.

M/S IRIS Electronics India Private Limited, a company incorporated under the provisions of the Companies Act, 1956, Plot no. CH- 29, Srikrishna Nagar, Kidwaipuri, Patna, Bihar.

... ... Petitioner/s

Versus

1.

The Axis Bank Limited having its registered Office at TRISHUL, 3rd floor, Opposite - Samardeshwar Temple, Elis Bridge, Near Law Garden, Elis Bridge, Ahmedabad- 380006, through its Chairman-cum-Managing Director. 2.

The SME Centre Head, AXIS BANK Limited, UPA Building, Arya Kumar Road, Rajendra Nagar, Patna.

3.

The Authorised Officer, Axis Bank Limited, Stressed Assets (East), 1, Shakeshpeare Sarani, 3rd floor, A.C. Market Building, Kolkata. 4.

The Branch Manager Incharge, AXIS Bank Limited, SME Branch, Kamini Palace, Patna.

5.

The Bihar Industrial Development Authority, through its Chairman, 1st floor, Udyog Bhawan, East Gandhi Maidan, Patna- 800004. 6.

The Debt Recovery Tribunal, through its Registrar, Karpoori Thakur Sadan, A/16, Asiana- Digha Road Abhiyanta Nagar, Jagat Vihar Colony, Rajeev Nagar, Patna, Bihar 800024.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2021 The present petition has been filed seeking correction of the typographical error which has crept in the order dated 27.02.2020 passed in CWJC No. 2841 of 2020 to the extent that the amount mentioned in the said order i.e. a sum of 2.3 crores,

Patna High Court MJC No.1167 of 2020(2) dt.22-03-2021 2/3 be corrected and directed to be read as a sum of Rs. 2.03 crores. The learned counsel for the petitioner has referred to the statement of account of the petitioner annexed as Annexure17 to the writ petition to show that the outstanding balance was a sum of Rs. 2,03,44,500/- i.e. approximately a sum of Rs. 2.03 crores.

Having regard to the submissions made by the learned counsel for the petitioner and the averments made in the present petition, this Court finds that the amount required to be deposited by the petitioner, as depicted in the order dated 27.02.2020, i.e. a sum of Rs. 2.3 crores should be Rs. 2.03 crores and it appears that there has been a typographical error, hence I deem it fit and proper to direct for correction of the typographical error, which has crept in the 3rd last paragraph of the aforesaid order dated 27.02.2020 to the extent that the amount mentioned therein, which is required to be deposited by the petitioner, shall be deemed to be read as a sum of Rs. 2.03 crores.

At this juncture, the learned counsel for the petitioner submits that the petitioner shall be depositing the aforesaid sum of Rs. 2.03 crores within a period of two weeks from today. It is needless to state that since the aforesaid order

Patna High Court MJC No.1167 of 2020(2) dt.22-03-2021 3/3 dated 27.02.2020 was passed at a pre notice stage, the present order, seeking to only correct a typographical error, has also been passed without issuing notice to the respondents. The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U