Vipul Ganda is an Independent Litigation Counsel with over 14 years of experience and a proven track record in Litigation and Dispute Resolution.
T.K. David Versus Kuruppampady Service Co-operative Bank Ltd. & Ors.
Court / Forum : Supreme Court of India Citation : 2020 SCC OnLine SC 800 Coram : Justice Ashok Bhushan, Justice R. Subhash Reddy & Justice M.R. Shah Subject : Article 136 of the Constitution of India Date of Decision : October 5, 2020
The Petitioner had filed an earlier special leave petition against the judgment passed by the Division Bench of the High Court of Kerala (“High Court”). However, the said special leave petition was dismissed.
Hereinafter, the Petitioner filed a review petition as well as a curative petition challenging the judgment passed by the High Court. However, the Division Bench dismissed the said petitions on the ground that there is no apparent mistake or error on the face of the record.
Thereafter, the Petitioner filed the present special leave petition against the order passed by the Division Bench of the High Court dismissing the said petitions.
It has been contended by the Respondent that the present special leave petition is not maintainable as the dismissal of the earlier special leave petition will operate as res judicata.
Whether the present special leave petition passed against the order dismissing the review petition is maintainable in nature?
Decision Issue 1 & 2:
While deciding the said issue, the Hon’ble Supreme Court relied upon its judgment, in the case of, Bussa Overseas and Properties Private Limited v. Union of India, (2016) 4 SCC 696, in which the Hon’ble Supreme Court dismissed a special leave petition.
It was held that since the special leave petition was filed against an order rejecting the review petition is not maintainable, when the main judgment of the High Court is not under challenge. Accordingly, the special leave petition was dismissed.
The Hon’ble Supreme Court while referring to the said judgment further explained the rationale behind it, and held as follows:
“When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court”
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.