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United Biotech Pvt. Ltd. v. Orchid Chemicals and Pharmaceuticals Ltd. & Ors.

Miscellaneous Application · 2018 INSC 31Decided 17 Jan 2018
Miscellaneous Application No. 1764 of 2017 in Civil Appeal No. 19938 of 2017
Justice Ranjan Gogoi · Justice Navin Sinha

Background

This matter is a Miscellaneous Application filed by United Biotech Pvt. Ltd. seeking clarification/correction of the Supreme Court's own judgment dated 29 November 2017 in Civil Appeal Nos. 4767-4769 of 2001 and connected matters (a dispute involving United Biotech and Orchid Chemicals and Pharmaceuticals Ltd.). The applicant pointed out that certain paragraphs of that earlier judgment had incorrectly attributed which party made which arguments.

Decision Breakdown

The Court found the application for clarification justified and modified the wording of paragraphs 13, 14, and 37 of its 29 November 2017 judgment, correctly attributing the arguments to the appellants in Civil Appeal Nos. 4767-4769 of 2001 and the respondents/appellant in the connected Special Leave Petitions, respectively. With these corrections, the operative result of the earlier judgment was restated: Civil Appeal Nos. 4767-4769 of 2001 and the appeal arising from SLP (Civil) No. 1851 of 2009 were dismissed, while the appeal arising from SLP (Civil) No. 27309 of 2012 was allowed. The application itself (M.A. No. 1764 of 2017) was allowed in these terms, fully resolving the clarification sought.

Lesson Learnt

Parties can seek correction of a court's judgment where it has misattributed arguments or contains clerical/typographical errors, without needing to reopen the substantive merits of the case; such applications are a normal part of the post-judgment process and don't disturb the final outcome already reached.

Official source (sci.gov.in)View Judgment (PDF)

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