SUPER CASSETTES INDUSTRIES LTD Vs. PUNIT GOENKA

JUDGEMENT

(1.) By this order I propose to dispose of the IA No.12303/2009 filed by the plaintiff under Sections 151 & 152 CPC.

(2.) The contention of the plaintiff is that while considering the interim application being IA No.5670/2009 at the preliminary stage, this Court on 30.4.2009 passed the certain direction wherein the defendant was directed to make a deposit of Rs.4,69,39,336/-. Admittedly the said amount was deposited by the defendant. Thereafter vide order dated 13.8.2009, while disposing of the said IA No.5670/2009 this Court has passed the following orders in respect of the said deposit:

(3.) Admittedly the said amount of Rs.4,69,39,336/- was released to the plaintiff. The contention of the plaintiff is now that by an accidental slip and omission in the order dated 13th August, 2009, it does not specify to require the defendant to deposit the VAT due to on the payment of Rs.4,69,33,336/-. Consequently, the plaintiff has not received the interim payment in consonance with the admitted previous year's royalty as this Court decided. Rather the plaintiff has received Rs.16 lacs less amount in the previous year which is not in accordance with the order of this Court. The prayer has been made that this Court may correct the said error in its calculation in order to give its decision.