G.R. Infraprojects Ltd vs The State Of Rajasthan
2021 Latest Caselaw 18036 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 258/2021

G.r. Infraprojects Ltd., Formerly Known As G.r. Agarwal Builders And Developers Ltd., Through Its Managing Director. Mr. Vinod Kumar Agarwal S/o Late G.r. Agarwal Having Head Office At No. 80, Shahi Complex, Hiran Magari, Sector-11, Udaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through The Project Director, Rajasthan Urban Infrastructure Development Project (R.u.i.d.p.), Avs Building, 1St Floor, Jawahar Circle, Jawahar Lal Nehru Marg, Malviya Nagar, Jaipur (Raj.).

2. Project Director, Rajasthan Urban Infrastructure Development Project (R.u.i.d.p.), Avs Building, 1St Floor, Jawahar Circle, Jawahar Lal Nehru Marg, Malviya Nagar, Jaipur (Raj.).

----Respondents

For Petitioner(s) : Mr Muktesh Maheshwari Mr Aidan Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/12/2021

This application under Article 226 of the Constitution of

India read with Section 151 CPC is preferred on behalf of the

petitioner seeking modification/correction in the order dated

27.09.2021 passed by this Court in SBCWP No.10941/2020.

Learned counsel for the petitioner has submitted that

after filing of the aforesaid writ petition, the Commercial Court

No.1, Jodhpur vide order dated 12.08.2021 returned the file of

Civil Misc. Case No.69/2020 to be presented before the

(2 of 3) [WMAP-258/2021]

Commercial Court No.1 Jaipur. Learned counsel for the petitioner

has further submitted that when SBCWP No.10941/2020 came up

before this Court on 27.09.2021, he informed this Court that the

file of Civil Misc. Case No.69/2020 had already been returned and

presented before the Commercial Court No.1 Jaipur. He therefore,

sought a direction to the Commercial Court No.1, Jodhpur to

return the record of the Civil Misc. Case No.69/2020 to the

Commercial Court No.1 Jaipur.

Learned counsel for the petitioner has also submitted

that when he received the copy of the order dated 27.09.2021

passed in SBCWP No.10941/2020, it has been found that due to

inadvertence, the "Commercial Court No.2, Jaipur Metro" has

wrongly been mentioned instead "Commercial Court No.1,

Jaipur, Jaipur Metro-II". So also the word "transfer/

transferred" have also been mentioned, whereas the words

"return/returned" should have been mentioned in the order

dated 27.09.2021. Thus, he has prayed that the aforesaid

inadvertent errors may be rectified.

Having heard learned counsel for the petitioner and

gone through the material available on record, this Court if of the

opinion that the aforesaid inadvertent errors had occurred due to

oversight and they are required to be rectified.

Hence, all the errors occurred in the order dated

27.09.2021 passed in SBCWP No.10941/2020, due to oversight,

are rectified and it is ordered that wherever the words

"Commercial Court No.2, Jaipur Metro" are mentioned in the

said order, the same are replaced by "Commercial Court No.1,

Jaipur, Jaipur Metro-II."

                                                                             (3 of 3)                 [WMAP-258/2021]



                                             So    far      as     the       words        "transfer/transferred"

mentioned in para Nos. 2,4 and 5 of the order dated 27.09.2021

are concerned, the same are replaced by words "return/sent".

It is made clear that the petitioner is free to make a

request to the Commercial Court No.1, Jaipur, Jaipur Metro-II in

Civil Misc. Application No.397/2021 to call for the record of Civil

Misc. Case No.69/2020 from Commercial Court No.1, Jodhpur.

The application stands disposed of.

(VIJAY BISHNOI),J

84-masif/-PS

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