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2000 Supreme(SC) 1166
SUPREME COURT OF INDIA
S.B. Majmudar & M. Jagannadha Rao, JJ.
Bihar State Road Transport Corporation -Appellant
versus
Presiding Officer, Industrial Tribunal & Ors. -Respondents
Review Petition (C) No. 166 of 2000
In
Special Leave Petition (C) No. 11106 of 1998
Decided on 26-7-2000
A review petition will be dismissed if the delay in filing is not satisfactorily explained. Financial constraints of a corporation or reliance on irrelevant interim orders from unrelated proceedings are not valid grounds for condoning such delay.
Headnote:Review Jurisdiction-Delay of 525 days in filing review petition-Whether petitioner corporation had funds to pay salaries of regular employees was irrelevant for explaining delay-Rehabilitation package even approved by Supreme Court also could not be availed for the purpose-Order sought to be reviewed was in existence when SLP was finally argued but said order was not pointed out or relied upon-Review petition was liable to be dismissed. (Para 1)
Legal Category Hierarchy
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practice and procedure
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civil procedure
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review petition
- condonation of delay
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review petition
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civil procedure
ORDER
525 days delay in filing the Review Petition is not satisfactorily explained by the petitioner-Road Transport Corporation. Whether the Corporation has money or not, to pay salaries to regular employees is totally irrelevant for explaining the delay. Similarly, rehabilitation package of the Corporation which is approved by this Court in Civil Appeal No. 7290 of 1994 also cannot be of any avail for obvious reasons. Firstly, the order dated 21st January, 1998, which is relied upon is an interim order of this Court inter parties where the petitioner was not in the picture. Secondly, even assuming that this order could have been relied upon by the petitioner as it was rendered on 21st January, 1998 when the special leave petition was argued on 14th July, 1998 no attempt was made to point out or to rely upon the said order. Consequently, even on merits the review petition is liable to fall and is, therefore, dismissed both on the ground of not satisfactorily explained delay as well as on merits.
Petition dismissed.
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Parallel Citations of other Journals :
Bihar State Road Transport Corporation v. Presiding Officer, Industrial Tribunal, 2000(8) Supreme 318
00018
