JUDGMENT

K. S. Radhakrishnan, J

1. This special leave petition has been preferred against the order dated 11.09.2009 passed by the High Court of Delhi in Review Petition No.79 of 2009 in LPA No.1233 of 2006. Mr. Nidhesh Gupta, learned senior counsel appearing for the respondent raised a preliminary objection that the special leave petition is not maintainable since the main judgment rendered by the High Court on 5.11.2008 in LPA No.1233 of 2006 was not challenged.

2. Mr. Sanjiv Sen, learned counsel appearing for the petitioner placed considerable reliance on the judgment of this Court in Eastern Coalfields Limited v. Dugal Kumar (2008) 14 SCC 295 and submitted that the said judgment would apply to the facts of this case and the SLP is perfectly maintainable, even though the petitioner had not challenged the original order passed by the High Court on 5.11.2008. Learned counsel submitted that on dismissal of the review petition, the earlier order stood merged, in the order passed in the review petition, consequently, the SLP is perfectly maintainable. Considerable reliance was placed on paragraphs 21 and 22 of the above Judgment, which read as under:

“21. Having heard the learned counsel