The National Company Law Appellate Tribunal (NCLAT), New Delhi bench has held that correcting a typographical error is in no manner can be considered as modification of an order.
The matter was pertaining to be of condonation of delay wherein the appeal sought to condone the delay in filling of appeal against the order pronounced on May 13 which was filed on June 28 i.e. 16th day after expiry of 30 days limitation.
The appellant submitted that the limitation need to be computed from May 14 since the order dated May 13 was corrected by order dated May 14. Thus, the limitation need to be counted from the date on which correction was made.
However, the respondent in their reply filed that the appellant has filed an appeal beyond condonable delay of 15 days pleading there was a typographical error in the date of pronouncement of the order which was wrongly mentioned as June 13 which was later corrected on May 14.
The matter was heard before the bench of Justice Ashok Bhushan, Technical Member Barun Mitra and Arun Baroka.
