M/S MACKINTOSH BURN LTD. Vs. M/S. SARKAR & CHOWDHURY ENTERPRISES PVT. LTD.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 10807 of 2016, Judgment Date: Nov 11, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.10807 OF 2016
                 (Arising out of SLP ( C) No. 29122 of 2016)


      M/S MACKINTOSH BURN LTD.                     APPELLANT

                                VERSUS

      M/S. SARKAR & CHOWDHURY ENTERPRISES
      PVT. LTD.                                    RESPONDENT


                            J U D G M E N T

      KURIAN,J.


1     Leave granted.

2     Heard the learned  senior  counsel  appearing  for  the  parties.   On
04.01.2016, this Court in Special Leave Petition (C)  No  35029/2015  passed
the following order:

      “The learned counsel for the petitioner seeks permission  to  withdraw
the special leave petition with liberty to approach the High Court.
      Permission is granted with the above liberty.
      Accordingly, the special leave petition is dismissed as withdrawn.
      We make it clear  that  we  have  not  considered  the  special  leave
petition on merits.”

3     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
                                    - 2 -

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.

4     Having heard the learned senior counsel appearing for both  sides,  we
are   inclined  to  grant  one  more   opportunity.   Ordered   accordingly.
Therefore, this appeal is disposed  of  making  it  clear  that  in  case  a
proper review petition is filed within two weeks from today,  the  same  may
not be dismissed on the ground of delay.

                                                    ......................J.
                                                         [KURIAN JOSEPH ]


                                                   .......................J.
                                                 [ROHINTON FALI NARIMAN ]

      NEW DELHI
      NOVEMBER 11, 2016.