1. Praecipe for speaking to the minutes to correct a typographical error in a withdrawal order regarding refund of pre-deposit. (Para 2 , 3 )
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2026 Supreme(Online)(DRAT) 941
DEBT RECOVERY APPELLATE TRIBUNAL
Vivek Bharti Sharma, Chairperson
VNR Enterprise – Appellant
Versus
Authorised Officer, Union Bank of India – Respondent
Regular Appeal Diary No. 965/2026
Important Points
The Tribunal exercised its power to correct a typographical error in a previous order via 'speaking to the minutes' to ensure the mandatory pre-deposit amount was refunded to the Respondent Bank rather than the Appellants, as per the actual prayer.
Subject
Banking - Debt Recovery
Headnote
(A) Procedural Law - Correction of Order - Speaking to the Minutes - When an order contains a typographical error or inadvertent mistake regarding the recipient of a refund, the Tribunal may modify the order to reflect the actual prayer made by the parties upon mutual consent. (Para 4, 7)
Issues: Whether the order dated 22.09.2026 regarding the refund of pre-deposit could be corrected to direct payment to the Bank instead of the Borrowers.
Issues: Whether the order dated 22.09.2026 regarding the refund of pre-deposit could be corrected to direct payment to the Bank instead of the Borrowers.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Mangesh Patel
For the Respondents: Nainesh Amin
For the Appellants/Petitioners: Mangesh Patel
For the Respondents: Nainesh Amin
Table of Contents
2. Applicants sought refund of pre-deposit to the bank, not to themselves, citing a typographical error in the prior order. (Para 4 )
3. The court considered the submissions and the lack of objection from the bank. (Para 5 , 6 )
4. A typographical or inadvertent error in an order can be corrected by a speaking-to-the-minutes application with consent of the parties. (Para 7 )
5. Order corrected to direct refund of mandatory pre-deposit amount with accrued interest directly to the bank. (Para 7 , 8 )
6. Can a typographical error in a judicial order be corrected on an application to speak to the minutes?
Yes, a typographical or inadvertent error in an order can be corrected by a praecipe for speaking to the minutes, especially when the opposing party has no objection. (Para 4 , 5 , 6 , 7 )
1. Present as under:
Mr. Mangesh Patel, Counsel for Applicants/ Borrowers.
Mr. Nainesh Amin, i/b M/s. N.N. Amin & Co., Counsel for Respondent No.1.
2. The matter is taken up by way of praecipe filed by the Applicants/Borrowers for speaking to the minutes.
3. Vide order dated 22.09.2026, Regular Appeal (Diary) No. 965/2026 was dismissed as withdrawn with a direction to the Registry to refund the mandatory pre-deposit amount along with accrued interest, if any, to the Applicants/Borrowers.
4. The Learned Counsel for the Applicants/Borrowers would submit that the prayer made before this Appellate Tribunal on 22.09.2026 was for refund of the mandatory pre-deposit amount directly to Respondent No.1/Bank. However, inadvertently or due to a typographical error, the order was passed directing the Registry to refund the mandatory pre-deposit amount along with accrued interest, if any, to the Applicants/Borrowers, therefore, the order dated 22.09.2026 may be corrected/modified and the Registry may be directed to refund the mandatory pre-deposit amount along with accrued interest, if any, to Respondent No.1/Bank.
5. The Learned Counsel for the Respondent No.1/Bank has no objection to the same.
6. Considered.
7. In view of the submissions made by the Learned Counsel for the parties, the order dated 22.09.2026 is hereby corrected/modified.
8. The Registry is directed to refund the mandatory pre-deposit amount along with accrued interest, if any, directly to Respondent No.1/Bank.
