LAWS(CAL)-2019-6-52

PRAMOD KUMAR JALAN Vs. BANWARILAL JALAN

Decided On June 20, 2019
PRAMOD KUMAR JALAN Appellant
V/S
BANWARILAL JALAN Respondents

JUDGEMENT

(1.) This matter appears before this Bench on the following point of reference: "Whether by reason of the dismissal of the Special Leave Petition by Hon'ble Supreme Court against an order passed by the High Court, it is permissible for the High Court to entertain an application for review in respect of the self same Order".

(2.) This question, in our view, is no more res integra in view of the authoritative pronouncement by the Hon'ble Supreme Court in the judgment and order dated 1st March, 2019, rendered in Civil Appeal No. 2432 of 2019 (arising out of SLP (C) No. 490 of 2012) since reported in (2019) 4 SCC 376 (Khoday Distilleries Ltd. (now known as Khoday India Ltd.) and Ors. vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd., Kollegal (under liquidation) represented by the Liquidator). After exhaustive consideration of various judgments, the Supreme Court summed up the legal position as under:

(3.) In view of the above, we answer the point of reference as indicated at the outset in the affirmative.