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2021 (6) TMI 1166 - MADHYA PRADESH HIGH COURTNon-consideration of the entitlement of the petitioner for refund of 25% amount already deposited - error apparent on the face of the record - HELD THAT:- A perusal of the order passed by the Division Bench of this Court dated 22.10.2020 indicates that neither the argument that an interim order was passed by the DRT in favour of the borrower on the same date was made nor any argument was made that the remaining 25% amount was deposited by the petitioner at the time of e-auction should be refunded. On a pointed quarry by the Court, learned counsel for the petitioner could not deny that in fact no prayer to that effect was made in the prayer clause of the memo of writ petition. The order dated 22.10.2020 passed by the Division Bench of this Court therefore cannot be faulted for something which was not argued before it. Rehearing under the garb of review is not permissible. The review petition fails and is hereby dismissed.
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