EXPRESS PUBLICATION Vs. INDIA MEDIA SERVICES PRIVATE LTD

JUDGEMENT

(1.) This is an application praying for review of the judgment and order dated 17th December, 2009 passed in AP No. 354 of 2008. By said judgment and order this Hon'ble Court dismissed the appeal being APOT No. 354 of 2009 and thereby confirmed the decision of the Hon'ble Single Judge passed in GA No. 1349 of 2008 dismissing the application filed by Appellant/applicant under Section 28 of the Specific Relief Act, 1963 on 30th July, 2009.

(2.) A brief background may be taken note of for proper appreciation of the matter. India Media Services Private Ltd. being the Plaintiff/Respondent initiated suit being No. C.S. 486 of 2002 for recovery of an amount to the tune of Rs. 21.10/- crores for price of newsprint sold and delivered to Express Publication (Madurai) Ltd., Appellant/applicant. The suit was partially decreed by an order dated 17th March, 2004 with the consent of the parties. The Appellant /applicant gave its consent to sell a property situates at Hyderabad to the Plaintiff/Respondent at Rs. 21.10/- crores in lieu of the sum of Rs. 21.10/- crores which the Appellant/applicant owed to the Plaintiff/Respondent. The Hon'ble Trial Court recorded undertaking given on behalf of the Appellant/ applicant that the Appellant/applicant would transfer the aforesaid property to the Plaintiff/Respondent in lieu of part of the principal amount claimed in the suit. On the basis of such undertaking the decree was passed on consent. But the said decree was not acted upon and instead of that GA No. 3035 of 2004 was filed by Appellant/applicant for direction upon the Registrar, Original Side to execute a deed of conveyance in terms of the decree dated 17th March, 2004. The said application was dismissed on technical ground with liberty to apply. Thereafter Plaintiff filed Execution Case No. 1 of 2006 and Appellant/applicant filed an application being GA No. 2995 of 2005 for adjudication of the decree as nullity. Both the applications were disposed of by an order dated 18th May, 2007 and the Hon'ble Court gave a direction to the Appellant to execute the deed of conveyance by adding Indian Express (Mumbai) Ltd. as a party to the conveyance. The Appellant/applicant thereafter preferred an appeal being A.P.O. No. 308 of 2007 which was dismissed by an order dated 16th October, 2007 by the Hon'ble Court and the Hon'ble Court expressed that the Court had jurisdiction to execute the decree. Thereafter special leave petition was filed by the applicant and the same was dismissed by the Hon'ble Apex Court by an order dated 7th April, 2008. The Appellant thereafter filed GA No. 1349 of 2008 under Section 28 of the Specific Relief Act, 1963 which was dismissed by the Hon'ble Court by an order dated 30.7.2008. Appellant/applicant filed an appeal being APOT No. 354 of 2008 challenging the judgment and order dated 30th July, 2008 and the same was dismissed by the Hon'ble Court by an order dated 17th December, 2009. A special leave petition before the Hon'ble Apex Court was filed by the Appellant /applicant against the judgment and order dated 17th December, 2009 but the same was withdrawn on 7th May, 2010.

(3.) Express Publication (Madurai) Ltd., applicant seeks review of the judgment dated 17th December, 2009 passed by this Hon'ble Court after withdrawing the special leave petition being SLP(Civil) No. 11913 of 2010. There is a delay of 114 days in filing the review application but the same was not due to lack of bona fide on the part of the Petitioner. There was no deliberate inaction on the part of the Petitioner in not filing review petition earlier. There is a prayer for condonation of delay on the ground that it was not due to deliberate inaction and bona fide on the part of the Petitioner in taking step which was available before it in the matter. SYED IFTIKAR ALI v. STATE OF WEST BENGAL, 2011 2 CalHN 17