MANAGING DIRECTOR Vs. K.S. PREMKUMAR & ORS.

JUDGEMENT

(1.) The petitioners have filed the above review petition under Order 47, Rule 1 read with Sec. 115 of Code of Civil Procedure to review and suitably modify the order in W.P. No. 37322/2010 & W.P. Nos. 1576 to 1698/2011 (S-CAT) dated 21.2.2011.

(2.) Sri R.D. Agarwal, learned Senior Counsel appearing for the petitioners submits that the order of this Court contains an apparent mistake and that the ratio of the decision in M.R. Gupta Vs. Union of India, AIR 1996 SC 669 relied on by the respondents herein is of no avail for all practical purposes as well as in pith and substance. It is further argued that the petitioners have filed Special Leave Petition ('SLP' for short) before the Apex Court seeking leave to file an appeal challenging the order of this Court referred to above and that the SLP was dismissed on 25.8.2011. Relying on the judgment of the Supreme Court in Kunhayammed and others Vs. State of Kerala and another, (2000) 6 SCC 359 and Gangadhara Palo Vs. Revenue Divisional Officer, 2012 (25) STR 273 (SC) : (AIR 2011 SC (Civ) 965) , the learned Senior Counsel submits that the review petition is maintainable despite the dismissal of the SLP.

(3.) On the other hand, learned Counsel appearing for the respondents submits that the petitioners had filed SLP challenging the order of this Court on 27.7.2011 and the review petition was filed subsequently i.e. on 5.8.2011. The SLP was dismissed on 25.8.2011. The Apex Court while dismissing the appeal on merits has directed the petitioners to comply with the order of this Court within two months from the said date and that the order has already been complied with. Thereafter, they are pursuing this review petition, which is not maintainable.