LAWS(KAR)-2022-9-1320

RAVI C.RAHEJA Vs. UNION OF INDIA

Decided On September 06, 2022
Ravi C.Raheja Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition seeks a limited review of the judgment rendered by a Co-ordinate Bench of this Court in W.P No. 25683-684/2018 and connected matters disposed off on 12/6/2019 inasmuch as, their prayer (c) made in the Writ Petition has not in so many words been treated, despite petitioners arguable entitlement thereto. The said prayer reads as under:

(2.) After service of notice, the respondents having entered appearance through the learned CGC oppose the review petition contending: It is not a fit case for exercise of review jurisdiction in terms of Order XLVII Rules 1 & 2 of CPC, 1908 as adopted by Rule 39 of Writ Proceedings Rules, 1977; petitioners can avail the remedy of appeal in matters like this; the company from which petitioners seek to have resigned, being a necessary party, no relief as claimed now in review petition or in the writ petition can be granted; resignation to take effect, has to undergo certain formalities such as filing of Form 32 and that having not happened, the prayer of the petitioners is not maintainable. So contending she seeks dismissal of the review petition.

(3.) Having heard learned counsel appearing for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons: