Supreme Court of India emphasized that 'applications' filed with the pretext of seeking 'clarification' or 'addition' to an existing judgment while avoiding the formal process of review shall not be entertained and discouraged. The bench comprising Justices Surya Kant and J K Maheshwari clarified that any alterations or additions to a court's judgment can only be made to rectify clerical or arithmetical errors or address accidental slips or omissions.

The court cited its power under Order XL Rule 3 of the Supreme Court Rules of 2013, cautioning that this authority should be exercised sparingly and with due caution. The scope of the rule is confined to correcting specific mistakes and omissions, and it should not be used as a means to re-examine or rehear a case on its merits.

These observations were made during the disposal of applications seeking modification or recall of a previous order issued by the court in the matter of Ketan Kantilal Seth vs. State of Gujarat, which involved a Transfer Petition (Criminal). The court had earlier granted the petition filed by the accused, Ketan Kantilal Seth, directing the transfer of pending matters to the Court of Principal Judge, Bombay City Civil and Sessions Court, Fort, Mumbai, Maharashtra.

Opposing the applications, the other party contended that the Transfer Petition had been heard and approved by the consent of all parties involved. Thus, any attempt to reopen the case for reconsideration of merits should not be permissible under Order XII Rule 3 of Supreme Court Rules, 2013.

The Supreme Court's observations were also influenced by a recent judgment, namely Supertech Limited vs. Emerald Court Owner Resident Welfare Association, wherein similar considerations regarding the scope of Order XL were discussed.

Despite its strong stance against misuse, the court decided to modify its earlier order in the case of Ketan Kantilal Seth vs. State of Gujarat.

Legal experts welcome the court's clarification, as it aims to prevent litigants from attempting to circumvent the formal review process through 'applications' seeking clarification or addition. By maintaining a strict interpretation of the applicable rules, the Supreme Court seeks to ensure the integrity and finality of its judgments, avoiding unnecessary delays and promoting a more efficient judicial system.

However, it is essential for litigants and legal practitioners to be mindful of the limited nature of the court's powers under Order XL Rule 3 and exercise prudence while seeking clarifications or corrections to avoid unnecessary challenges to their applications.

Case Title: Ketan Kantilal Seth vs. State of Gujarat

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