Shree Surgovind Tradelink Ltd v. Nitin Potdar

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3312 OF 2024 IN INTERIM APPLICATION NO. 4524 OF 2023 IN CRIMINAL REVISION APPLICATION NO. 169 OF 2022 Shree Surgovind Tradelink Ltd.

.. Applicant In the matter of:

Mr. Nitin Potdar .. Applicant

Versus

Shree Surgovind Tradeling Ltd. and Anr.

.. Respondents ....................

 Ms. Aashka Shell, Advocate i/by Mr. Kartik S. Garg for Applicant. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 24, 2024.

P.C.:

1.

Heard Ms. Shell, learned Advocate for Applicant. 2.

Present Interim Application is filed for seeking amendment in the name of the Applicant. It is submitted by Ms. Shell that when Criminal Revision Application No.169 of 2022 was filed, the name of Applicant was spelt as "Shree Surgovind Tradeling Ltd.". She would submit that inadvertently there is a typographical mistake in the name mentioned and the word 'Tradeling' ought to have been stated as 'Tradelink'.

3.

In support of her submission, she has appended at Exhibit "A" a copy of the judgment passed by the learned Metropolitan

Magistrate, 70th Court, Mazgaon, Mumbai, dated 06.07.2017. On perusal of the said judgment, it is seen that the name of the Applicant is spelt as "Shree Surgovind Tradelink Ltd." in its cause title. That apart, a similar inadvertent mistake has occurred in the name of the Applicant in Interim Application No.4524 of 2023 which was filed in Criminal Revision Application No.169 of 2022. I have perused the Interim Application and the Criminal Revision Application and it is seen that there is a clear typographical mistake which needs to be corrected / amended.

4.

In that view of the matter, Interim Application stands allowed in terms of prayer clauses 'b' and 'c' which read thus:- "b.

That the Applicant in the Revision Application No. 169 of 2022 may be permitted to amend the Revision Application and correct the name of Respondent No. 2 therein, which is incorrectly mentioned as Shree Surgovind Tradeling Ltd. instead of Shree Surgovind Tradelink Ltd.

c.

That the IA Applicant in the Interim Application No. 4524 of 2023 may be permitted to amend the said Interim Application and correct the name of the Applicant therein, which is incorrectly mentioned as Shree Surgovind Tradeling Ltd. instead of Shree Surgovind Tradelink Ltd." 5.

In so far as prayer clause 'a' is concerned, since the order dated 29.04.2024 has already been uploaded by the learned Single Judge of this Court (Coram: S.M. Modak, J.), liberty to the Applicant to move that Court for speaking to the minutes of the said order so that necessary correction can be carried out in the name of the Applicant and the fresh copy of the order dated 29.04.2024 can be

uploaded by that Court after carrying out the correction. 6.

Amendment is permitted to be carried out by the Applicant to the Criminal Revision Application and Interim Application within a period of one week from today. Registry shall permit the Applicant to carry out the amendment in the Criminal Revision Application and the Interim Application as directed above. Re-verification stands dispensed with.

7.

With the above directions, Interim Application No.3312 of 2024 stands allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2024.10.24 18:53:54 +0530 AJAY TRAMBAK UGALMUGALE