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Miscellaneous Application Dismissed as Not Maintainable Against Signed Order: SC

Case Law Details

TaxGuru Citation
2026 taxguru.in 8712
Case Name
Fakir Mamad Suleman Sameja And Ors. Vs Adani Ports And Special Economic Zones Ltd. And Ors. (Supreme Court of India)
Date of Judgement/Order
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Fakir Mamad Suleman Sameja And Ors. Vs Adani Ports And Special Economic Zones Ltd. And Ors. (Supreme Court of India)

The Supreme Court dismissed as not maintainable a miscellaneous application seeking a declaration that the order dictated in open court on 27.01.2026 was final and binding and that the digitally signed order uploaded on 12.02.2026 had no force of law. The Court held that the application effectively sought to rewrite its final order rather than correct a clerical or arithmetical error and did not satisfy the requirements applicable to miscellaneous applications in disposed matters. It observed that the signed order remained the only final order in the case, that the applicants had not filed the required affidavit under the applicable circular, and that the differences between the oral dictation and the signed order were corrections and refinements rather than material changes requiring a rehearing. The Court also held that the draft dictated to the Court-master was subject to correction and enhancement before signing, distinguished the precedents relied upon by the applicants on facts, found the application to be a gross abuse of process, dismissed it both as not maintainable and on merits, and imposed symbolic exemplary costs of ₹2,000 on each applicant payable to the Supreme Court Legal Services Committee.

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Author Info

CA Jatin Minocha
Qualification: CA in Practice
Location: Delhi, Delhi
Articles Published: 637

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