USHA UMESH Vs. ALKARSF APPARELS PVT. LTD.

JUDGEMENT

(1.) The Review Petitioner herein is the 1st respondent in W.P.(C) No.41651/2022 and the appellant in W.A.No.858/2023. The judgments in the said Writ Petition and Writ Appeal are sought to be reviewed by the instant proceedings, on the allegation of fraud having been perpetrated on the Court by suppression of a material fact.

(2.) As per the judgment dtd. 4/4/2023 in the Writ Petition, the 2nd respondent therein, KINFRA, was directed to consider the petitioners' claim to execute a lease in favour of the 1st petitioner therein. In the Writ Appeal, we made a minimal modification to the judgment enabling the Review Petitioner herein (1st respondent in the Writ Petition) an opportunity of being heard, while considering the petitioners' claim as directed by the learned Single Judge. The fact allegedly suppressed is the existence of an interim Order of status quo in a commercial suit, C.S.No.18/2021, instituted by the Review Petitioner herein inter alia for dissolution of partnership, settlement of accounts etc.

(3.) This Review Petition was moved unaccompanied by an application to condone the delay, on the premise that, where a judgment is vitiated by fraud, the same can be challenged at any point of time, without there being a necessity to condone the delay. However, the Review Petitioner subsequently chose to file C.M.Application No.1/2025 seeking to condone the delay of 878 days.