Mukesh Sharma & Anr. v. Suravi Bose

1. The present petition has been placed before this Court on an office note. [ The proceeding has been conducted through Hybrid mode ]

2. Since there is an apparent error in para 12 of the judgment dated 21.04.2023, in that, the reference of the date of the judgment of the Supreme Court in Suo Moto (supra) case has been noted as 08.03.2021, whereas the correct date is 10.01.2022.

3. Accordingly, the correction may be carried out and para 12 of the judgment dated 21.04.2023 shall now be read as under:- “At the outset, this Court observes that though the learned Trial Court considered the judgment of the Hon’ble Supreme Court in Suo Moto (supra), however, has completely overlooked the fact that subsequently by the order dated 10.01.2022 of the Hon’ble Supreme Court in the same writ petition, the period commencing from 15.03.2020 through atleast till 28.02.2022, the period of limitation was suspended in support of all petitions, applications, suits etc. so far as litigants are concerned. Having regard thereto, learned Trial Court appears to have overlooked the subsequent Neutral Citation Number 2023:DHC:3044 order passed by the Hon’ble Supreme Court which was binding.”

4. After necessary correction, corrigendum be issued and fresh order may be uploaded.

TUSHAR RAO GEDELA, J APRIL 28, 2023