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Calcutta High CourtCRR/1621/2011allowed

M/S Digvijay Finlease Ltd & ORS v. State Of West Bengal & ANR

2025-05-08Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

19.05.2025 Item No.5.

Ct. No.446.

gd/ssd CRR/1621/2011 M/S DIGVIJAY FINLEASE LTD & ORS.

VS STATE OF WEST BENGAL & ANR.

IA NO: CRAN/1/2011(Old No:CRAN/1328/2011), CRAN/2/2011(Old No:CRAN/2036/2011) Mr. Somopriyo Chowdhury, Mr. Rajshree Kajaria ..for the Petitioners.

It is submitted by the learned Advocate on behalf of the petitioners that in this matter certain typographical errors have come up which are to be rectified in the judgment dated 08.05.2025.

It is pointed out that at page 2 in paragraph 1 of the judgment "Section 147(1)" is to be replaced as "Section 147(1)(a)". At page 4 in paragraph 3 "Section 147(3)" is to be replaced as "Section 147(2)". At page 9 of the said judgment in paragraph 11 "page 23,24,25,26" is to be replaced as "page 21, 22, 23, 24". In the same paragraph at 11th line "Form No. 29 is to be replaced as "Form No.32". At page 10 in paragraph 13 the sentence starting from "this is a case under companies Act and violation of section 301 (1) .... are not similar with his case" is to be deleted and in that place the sentence "this is a case under companies Act and violation of section 147(1)

(2) and (3) of the Companies Act which made it mandatory for the company to follow the directions mentioned therein and in case company fails to comply with clause (b) or clause (c) of sub-section (1) the company shall be punishable with fine which may extend to 5,000 rupees" be inserted. At page 10 of the same paragraph "Petitioner No.2 and 4" is to be replaced as "Petitioner No.3 and 4." At page 11 of the same paragraph "petitioner No.2 @ 4" is to be replaced as "petitioner No.3 and 4". At the same page in the fourth line "petitioner No.3" is to be replaced as "petitioner No.2". At page 14 in paragraph 19 "Section 141" is to be replaced as "Section 147(1)(a) read with Section 147(2)".

The department is directed to incorporate the above corrections in the judgment and order dated 08.05.2025.

This order shall form part of the judgment dated 08.05.2025.

The other portions of the judgment dated 08.05.2025 shall remain unchanged.

(CHAITALI CHATTERJEE (DAS), J.)