9911796707
TMI Blog2024 (8) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... berty sought by the petitioner herein to file another Review Petition. The petitioner herein took his chance before this Court in the aforesaid Special Leave Petitions which were dismissed on 17.04.2023. In case the petitioner intended that the original order of the High Court was to be reviewed by the Division Bench of the High Court then the petitioner could have sought permission to withdraw the Special Leave Petitions with liberty to file a Review Petition. At that stage also no such withdrawal of the Special Leave Petitions with the aforesaid liberty was sought for by the petitioner before this Court. On the other hand, the petitioner took a chance to argue the Special Leave Petitions on merits and when this Court was disinclined to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clearly indicate the intention of the petitioner which was to prosecute the Special Leave Petitions before this Court. After dismissal of the special leave petitions by this Court, the petitioner could not have filed another Review Petition before the High Court. There has to be a finality to the lis at some point of time and at some stage of the case. On the other hand, the second Review Petition filed by the petitioner being dismissed, has led to the petitioner once again filing the Special Leave Petitions as against the said order before this Court. This case is similar to Abbai Maligai Partnership Firm vs. K. Santhakumaran, [ 1998 (9) TMI 663 - SUPREME COURT ] wherein Special leave petitions preferred were dismissed by this Court and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. The special leave petitions are dismissed. Pending applications, if any, are disposed of 4. Thereafter another Review Petition No.253/2023 was preferred by the petitioner herein before the High Court. By the impugned order dated 08.02.2024, the said Review Petition has been dismissed. 5. We have heard learned senior counsel, Mr. Balbir Singh for the petitioner at length. 6. We do not think this petition ought to be entertained for the reason that when the earlier Review Petition was withdrawn before the High Court, there was no liberty sought by the petitioner herein to file another Review Petition. 7. Further the petitioner herein took his chance before this Court in the aforesaid Special Leave Petitions which were dismissed on 17.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial Leave Petitions. Even if after the dismissal of the first review petition by the High Court on merits, the petitioner could have challenged the original order as well as the order passed in the first review petition but the fact of the matter is first Review Petition was dismissed as withdrawn without any liberty and the petitioner once again filed another Review Petition in the case after the Special Leave Petitions before this Court were also dismissed on merits, without withdrawing the same with liberty to revive the earlier Review Petition. This would clearly indicate the intention of the petitioner which was to prosecute the Special Leave Petitions before this Court. After dismissal of the special leave petitions by this Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e special leave petitions against the selfsame order had been dismissed by this Court after hearing learned counsel for the parties, to say the least, was not proper. Interference by the learned Single Judge at that stage is subversive of judicial discipline. The High Court was aware that the SLPs against the orders dated 7-1-1987 had already been dismissed by this Court. The High Court, therefore, had no power or jurisdiction to review the selfsame order, which was the subjectmatter of challenge in the SLPs in this Court after the challenge had failed. By passing the impugned order on 7-4-1994, judicial propriety has been sacrificed. After the dismissal of the special leave petitions by this Court, on contest, no review petitions could be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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