Sunday 31 July 2022

Whether the court correcting procedural order amounts to review of that order?

  Similarly, it has been held in a catena of judgments that procedural orders may be corrected by the Court and the same does not amount to review of the earlier order. Reference may be made to the judgment of this Court in the case of Liberty Footwear Company Vs M/s Force Footwear Company and Ors., 2009 SCC Online Del 2983, wherein it has been held as follows:-

“7. Courts and tribunals during hearing of any case do pass orders fixing and granting the time and giving directions to the parties like file documents, replies, etc. The courts or the tribunal in such cases retain the power to extend the time granted, unless there is a specific bar or prohibition in the Act or the Rules. Time once fixed by the Court or the tribunal is not sacrosanct or the final word. These orders or directions fixing the time for compliance are procedural orders and in terrorem and are passed for a purpose to avoid delay and expedite the proceedings. Courts or tribunals do have the power to extend the period/time fixed by them. Extension of time does not amount to review of the earlier order. {Para 32}

IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on:18th July, 2022

CS(OS) 587/2017 & I.A.No.10136/2018

SMT. POONAM BHANOT Vs VIRENDER SHARMA & ORS

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

Decided on:18th July, 2022.

Read full Judgment here: Click here

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