Iti Certificate Holders??? ... vs Delhi Transport Corporation & ...
2010 Latest Caselaw 4207 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                CM No.9865/2010 in W.P.(C) No.1691/2010

%                         Date of Decision: 10.09.2010

ITI Certificate Holders' Association (Regd.)           .... Petitioners
& Another
                        Through Ms. Kamlesh Sambharwal, Advocate

                                      Versus

Delhi Transport Corporation & Others                     .... Respondents
                     Through Nemo.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE MOOL CHAND GARG

1.    Whether reporters of Local papers may be               YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?                 NO
3.    Whether the judgment should be reported in             NO
      the Digest?

ANIL KUMAR, J.

*

CM No.9865/2010

This is an application under Section 152 of CPC for correcting the

typographical mistake in order dated 23rd March, 2010 passed by this

Court disposing the above noted writ petition.

By order dated 30th July, 2010, notices were issued to the

counsel for the respondents of the above noted application for

correction in the order dated 23rd March, 2010. Service report indicates

that Mr. J.S. Bhasin has been served on behalf of respondent No. 1 and

Ms. Zubeda Begum has been served for respondents No. 2 & 3. An

affidavit of service has also been filed. Despite the service, no one is

present on behalf of the respondents nor has any reply to the

application been filed and therefore, this Court proceeds with

consideration of the application.

The petitioner has sought correction of typographical mistake to

the effect that the writ petition No. 1691/2010 was filed against the

order dated 7th October, 2009 passed by the Central Administrative

Tribunal, Principal Bench in TA 1167/2009 titled as ITI Certificate

Holders' Association (Regd.) & Ors v. Delhi Transport Corporation and

Ors. and TA 1105/2009 titled as Krishan Kumar & Anr. v. DTC and

Ors. and the order dated 20th November, 2009 also passed by the

Central Administrative Tribunal in TA No. 1481/2009 titled as ITI

Certificate Holders Association (DTC) v. UOI.

While disposing of the writ petition, by order dated 23rd March,

2010, this Court, however, omitted to record that the TA 1105/2009,

which was also disposed of by the Tribunal by order dated 7th October,

2009 against which above noted writ petition was filed, has also been

decided.

In the order dated 23rd March, 2010, though the order dated 7th

October, 2009 is mentioned and by the said order TA 1167/2009 and

TA 1105/2009 were disposed of, however this Court only recorded TA

No. 1167/2009 and omitted to mention TA No. 1105/2009. The

applicant seeks correction in the order dated 23rd March, 2010 passed

in WP(C) No. 1691/2010 to this extent.

Apparently, it is a typographical mistake because the order in the

writ petition has been passed in respect of orders dated 7th October,

2009 and 20th November, 2009 of the Central Administrative Tribunal.

By order dated 7th October, 2009 TA 1105/2009 was also disposed of.

Therefore, paragraph- 1 of the order be corrected so as to read as

under:-

"The petitioners herein are aggrieved by the orders dated

07.10.2009 and 20.11.2009 passed by the Central

Administrative Tribunal, Principal Bench, New Delhi (for

short "the Tribunal") in TA Nos. 1167/2009 & 1105/2009

and TA No. 1481/2009 respectively whereby learned

Tribunal has dismissed both the transfer applications."

Therefore, the application is allowed in the facts and

circumstances and para-1 of the order dated 23rd March, 2010 in WP(C)

No. 1691/2010 titled as ITI Certificate Holders' Association (Regd.) &

Anr. Vs. DTC & Ors. is corrected to the extent as detailed hereinabove.

ANIL KUMAR, J.

MOOL CHAND GARG, J.

SEPTEMBER 10, 2010 'rs'