Andhra Pradesh High Court
Judges : C.Y.SOMAYAJULU, R.M.BAPAT
Nicholas Piramal India Ltd. - Appellant
Versus
Cultor Food Science Inc. - Respondent
Decided On : 11-01-02
( 1 ) THIS petition is filed to review the common order dated 12-12-2001 in A. A. O. No. 1285 of 2001 and C. R. P. No. 3497 of 2001.
( 2 ) FOR the sake of convenience we would hereinafter refer to the parties as they are arrayed in the appeal.
( 3 ) AT the outset we express our regret for signing the common order, sought to be reviewed, without correcting the typographical errors and mistakes that crept therein, which are noticed by us during the hearing of this petition. Since as per Section 152, Cr. P. C. , Court has power to correct such errors, we order the following corrections in the common order dated 12-12-2001. (I) In page 2 para 3 line 9 delete the word and after weltol PLUS and before culminated . (II) In para 4 at page 3 lines 18 and 19 delete the sentence reading "whatever strong words they are made, are not sufficient to establish fraud or misrepresentation the allegation of fraud" and substitute the sentence "in however strong words they might have been made, are not sufficient to establish fraud or misrepresentation and so the allegations relating to fraud". (III) In line 14 at page 4, para 4, delete the words and so in between the words filing of the suit and 1st . (IV) In line 14, para 6 at page 8, add the sentence reading in support of his contention after "kotak and CO. ". (V) In line 19 at page 10 substitute the words "were to culminate" in place of the word only can terminate in between the words even if and in an award ; delete the word which in between the words in an award and would . In line 20 of the same para substitute the word affect in place of the word effect . At the beginning of line 21 in the same para, add the sentence reading he did not enter into before the words the agreement , and delete the words was not entered into in between the words the agreement and and since ; substitute the word in in place of the word by in between the words himself and an . (VI) In line 7 of para 8 at page 11, add the words an injunction before the words restraining and the word the between the words restraining and kartha . In line 21 of para 10 on the same page substitute the sentence or relating to the contract in place of the sentence or relating to the contract in place of the sentence or related to the contracted . (VII) In line 13 at page 12 substitute the word with in place of and in between the words them and a consequential . (VIII) In line 3 at page 14 substitute the word sought in place of and and in line 9 on the same page substitute the words by observing in place of the word after holding and substitute the word has in place of had in between the words that it and jurisdiction . (IX) In line 3 of para 11 at page 17 substitute the word express in place of expressed . (X) In lines 12 and 13 of para 16 at page 21 delete the sentence for that reason and in view of the ratio in the said decision and in line 13 add the sentence reading since the said decision was before the word rendered under . In line 14 add the sentence in view of the ratio in in between the words repealed and sundaram Finance . (XI) In line 6 at page 23 delete the word already in between the words had and sought . (XII) In line 1 at page 26 add the word jurisdiction in between the words having and to . In lines 2 and 3 delete the sentence reading after dismissing the petition filed by 1st respondent to review the said order (I. A. No. 2390 of 2000) and in its place substitute the sentence reading and after having dismissed I. A. No. 2390 of 2000 filed by the 1st respondent to review the observation in the order in I. A. No. 1641 of 2000 directing the parties to approach the agreed forum . In line 5 substitute the word erroneous in place of the word incorrect . (XIII) In lines 12 and 13 at page 27 delete the sentence reading and that considerable money has to be spent to participate in those proceedings would
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