Biswajit Palit, J.
1. Since all the three interlocutory applications have arisen out of a common judgment and order dt. 08.04.2026 passed by this Court in RFA No.3 of 2024 along with RFA No.8 of 2024 and RFA No.9 of 2024; the same are taken up together for disposal by this common order.
2. These applications are filed under Section 152 of the CPC seeking correction in the judgment and order dt. 08.04.2026 passed by this Court in RFA No.3 of 2024, RFA No.8 of 2024 and RFA No.9 of 2024.
3. Heard Learned Counsel, Mr. Kundan Pandey appearing on behalf of the applicant. Also heard Learned Counsel, Mr. Ratan Datta appearing on behalf of the respondents-FCI.
4. In the schedule of the interlocutory applications filed by the applicant, it has been mentioned that at page No.3 of the said judgment and order, in the 3rd line of para No.3.1., after the word “allied materials” the sentence “including loading and unloading works at Food Storage Depots” may be deleted. Further, in the 7th line from the top, after the words “w.e.f. 01.05.2012” the sentence “and had been carrying out the works of loading of food grains from Railway Wagon at railway siding, FSD Dharmanagar” may be deleted. In addition thereto, in the last line of the said paragraph, the sentence “The appellant executed the work of loading and unloading of food grains during the period of contract” may also be deleted.
5. Learned Counsel for the applicant submitted that the applicant was appointed as transport contractor for transportation of food grains/sugar/other allied materials from Railway Siding, FSD Dharmanagar to FSD Arundhutinagar, which is in no way related to loading and unloading of food grains from railway wagons at the railway siding, and it would be evident from the appointment letter, tender document and agreement. So, Learned Counsel urged for making correction of the aforesaid typographical errors in the said common judgment and order dt. 08.04.2026.
6. Learned Counsel for the respondents-FCI raised no objection in regard to the submissions made by Learned Counsel for the applicant for correction of the aforesaid typographical mistakes.
7. We have perused the said judgment and order.
8. It is pertinent to mention here that the expressions relating to “loading and unloading” were incorporated from the judgment and decree dt. 14.12.2023 passed by Learned District Commercial Court in connection with case Nos.CS No.11 of 2016 and CS No.20 of 2016. Learned Counsel for the applicant, even after passing of the judgment and decree dt.14.12.2023, did not approach the said Court for correction of the typographical mistakes occurred in the said judgment and decree. Further, in para No.4 of the plaint in M.S.15 of 2016 filed by the applicant herein, he himself stated that “That, under the aforesaid contract, the Plaintiff had been unloading the food grains from Railway Wagon at Rly Siding, FSD Dharmanagar and thereafter, Plaintiff had been transporting the same to FSD, Arundhutinagar, Agartala, Tripura”.
Thus, the aforesaid statements regarding “unloading and transportation of food grains” were also reflected from the pleadings made by the applicant himself in the plaint and cannot be said to be completely dehors the pleadings of the applicant himself.
8. However, these amendment petitions are formal in nature. So, considering the submissions made by Learned Counsel for the applicant and in order to avoid any ambiguity in the observations made in the judgment and order dt. 08.04.2026, the same stands corrected in terms of the schedule of the interlocutory application.
Accordingly, the above three interlocutory applications stand allowed and disposed of.
This order shall form a part of the judgment and order dt. 08.04.2026 passed in RFA No.3 of 2024, RFA No.8 of 2024 and RFA No.9 of 2024.




