INDIA INFRASTRUCTURE FINANCE COMPANY LIMITED vs ESSEL LUDHIANA TALWANDI TOLL ROADS PRIVATE LIMITED on 5 July 2025

1. 1. This **Misc. Application No. 16 of 2025** has been filed by the Applicant, India Infrastructure Finance Company Limited (IIFCL), a financial institution, under Section 22 of the Recovery of Debts and Bankruptcy Act, 1993 read with Section 151 of the Code of Civil Procedure, 1908, seeking correction of an apparent typographical error in the Final Order dated 09.04.2025 passed in T.A. No. 227 of 2022.

2. 2. It is the case of the Applicant that it had initially instituted Original Application No. 1 of 2022 before the Hon'ble DRT-I, Delhi for recovery of Rs. 173,91,34,519.77 as on 30.11.2021. The said OA was later transferred to this Tribunal and renumbered as T.A. No. 227 of 2022 pursuant to Gazette Notification dated 04.10.2022 issued by the Ministry of Finance, Government of India. The matter was finally adjudicated, and this Tribunal vide its judgment dated 09.04.2025 allowed the T.A., directing recovery in favor of the Applicant, while specifically declining the prayer for penal interest.

3. 3. It is pointed out that while the Tribunal, in Para 10.5 of its judgment, clearly held that the Applicant was entitled to recover the entire amount claimed in the OA, along with pendentelite interest at 14% per annum, the operative portion of the judgment erroneously mentions the recoverable sum as **Rs. 111,75,45,045.91** instead of **Rs. 173,91,34,519.77**, as adjudicated. This error is claimed to be purely clerical and inadvertent, not reflecting the actual conclusion of the judgment.

4. 4. Notice of this application was duly issued to the Respondents. However, no formal written reply has been filed by them. Learned counsel appearing on behalf of the Respondents has Sd- merely submitted that the order is appealable and therefore should not be corrected at this stage. No substantive opposition has been raised to contest the factual basis or the nature of the typographical error pointed out in the application.

1. 5. I have perused the Final Order dated 09.04.2025 and considered the submissions of the Applicant. The discrepancy between the adjudicated amount in the reasoning portion and the lesser figure mentioned in the operative part of the Order is evident and apparent on the face of the record. Section 152 of the CPC empowers the Tribunal to correct clerical or arithmetical mistakes in judgments, decrees, or orders, or errors arising therein from any accidental slip or omission at any time. The power is plenary in nature and is meant to ensure that the record accurately reflects the adjudication made.

2. 6. In the present case, there is no doubt that the Tribunal had adjudicated the Applicant's claim in its entirety and had found the Applicant entitled to recover the full sum of Rs. 173,91,34,519.77 along with pendentelite interest at 14% per annum. The mention of a lesser amount in the final direction is a typographical oversight which merits correction to prevent miscarriage of justice and to maintain consistency in the judgment.

3. 7. In view of the above and in exercise of the powers under Section 152 of the CPC, the present **Misc. application No. 16/2025** is hereby allowed.

4. 8. The registry is directed to correct the operative portion of the Final Order, dated 09.04.2025 passed in T.A. No. 227 of 2022, the recoverable amount as **Rs. 173,91,34,519.77** (Rupees One Hundred Seventy-Three Crore Ninety-One Lakh Thirty-Four Thousand Five Hundred Nineteen and Paise Seventy-Seven) be corrected in place of **Rs. 111,75,45,045.91**, asmentioned in the judgement. The rest of the Order shall remain unchanged.

5. 9. Consign the file into the record room.

05.07.2025

sel - (SHIV KUMAR - I) PRESIDING OFFICER, DRT-III, DELHI