Showing posts with label rehearing of appeal. Show all posts
Showing posts with label rehearing of appeal. Show all posts

Sunday, 24 December 2017

Whether party can make application for rehearing of appeal if party is permitted to go back to high court after withdrawal of SLP?

It appears that the Appellant filed an application before the High Court in the light of the order extracted above virtually for re-hearing of the appeal itself. It is fairly conceded by Mr. K.V. Viswanathan, learned senior Counsel that once a party is permitted to go back to the High Court, the High Court can be approached only by way of review petition and therefore, there is no basis for the unreasonable stand taken in the High Court for not filing a review petition.
IN THE SUPREME COURT OF INDIA

Civil Appeal No. 10807 of 2016 (Arising out of SLP (C) No. 29122 of 2016)

Decided On: 11.11.2016

 Mackintosh Burn Ltd. Vs.Sarkar & Chowdhury Enterprises Pvt. Ltd.

Hon'ble Judges/Coram:
Kurian Joseph and Rohinton Fali Nariman, JJ.
Citation: (2017) 11 SCC 579.
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