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Showing contexts for: drafting error in M/S.Sai Infra Equipment'S Private ... vs M/S.L&W Constructions Private Limited on 13 February, 2017Matching Fragments
Complaint which was presented before the trial Court is not only a statement of fact given by the respondent but also consists of annexures appended therewith. From perusal of the annexures appended with the complaint, it would transpire that petitioner had issued two cheques, one on 07.11.2014 and other on 01.10.2014. As conceded by the learned counsel for the petitioner, there is no discrepancy with regard to cheque issued on 07.10.2014 and, therefore, the complaint can proceed with respect to the aforesaid cheque. However, regarding the cheque issued by the petitioner on 01.10.2014, undoubtedly, in the complaint, the number https://www.mhc.tn.gov.in/judis/ indicated is 720550, whereas, the cheque appended bears number 720526. Apart from this discrepancy, there is no other variation. The memo of the bank also refers to number of cheque issued on 01.10.2014 as 720526. It is, thus, evident that the first clerical error has been committed while drafting the notice which was sent through learned counsel to the petitioner on 20.12.2014. The same mistake appears to have travelled to the body of the complaint, but this Court cannot shut its eyes to the fact that the cheques appended with the complaint are allegedly issued by the petitioner which were duly presented by the respondent in his account in the Punjab National Bank, Branch Rajpora. Both have been returned by the bank with the remarks "Insufficient funds". Taking the holistic view of the matter, the defect pointed out by the petitioner is https://www.mhc.tn.gov.in/judis/ only technical and cannot be allowed to thwart the Course of justice. Besides, vide order impugned, the petitioner has only been put on notice to appear and he would have ample opportunity to take all these pleas at the appropriate stage in the trial.