Calcutta High CourtCRR/1623/2011allowed

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

2025-05-08Hon'Ble Justice Chaitali Chatterjee (Das)3 pages

19.05.2025 Item No.7.

Ct. No.446.

gd/ssd CRR/1623/2011 M/S DIGVIJAY FINLESSE LTD & ORS.

VS STATE OF WEST BENGAL & ANR.

IA NO: CRAN/1/2011(Old No:CRAN/1330/2011), CRAN/2/2011(Old No:CRAN/2035/2011) 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 3 in paragraph 2 of the bottom line of the judgment after "Section 264(1)" "Section 257" is to be added. At page 6 in paragraph 6 "petitioner no.3 and 4" is to be replaced as "petitioner no.2 and 4." At page 7 in paragraph 8 in the fourth line of the judgment "read with 257 of the Companies Act 1956" is to be replaced as "Section 264(1) and Section 257 of the Companies Act 1956". At page 8 in paragraph 11 "Form No. 29 is to be replaced as "Form No.32". At page 8 in the same paragraph "petitioner No.2& 4" is to be

replaced as "petitioner no.3 and 4". At the same page in paragraph 12 "against 2 & 3" is to be replaced as "petitioner no.3 and 4". At page 10 in seventh line and 12th line of the said judgment in paragraph 13 "Petitioner No.2 and 4" is to be replaced as "petitioner no.3 and 4". At the same page in the 15th line of the said judgment "petitioner No.3" is to be replaced as "petitioner no.2". At page 11 of the said judgment in paragraph 16 "but the period of rent in respect of Mumbai office can be seen as of April2003 to March 2004 so that year of 2004 is taken for consideration as alleged period of violation". This part is to be deleted since in the complaint this fact was not mentioned. At page 6 of the written complaint Form No.29 certain discrepancies were found and cost rendered, this is liable for punishment as provided "under Section 329A read with Section 264(1) of the Act" to be inserted. At page 14 of the said judgment in paragraph 20 "section 141" is to be replaced as "Section 629A of the Companies Act, 1956 read with Section 264(1) and Section 257".

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.)