Supreme Court of India
K.S.P. RADHAKRISHNAN & J.S. KHEHAR, JJ.
Sahara India Real Estate Corporation Limited & Others
Versus
Securities and Exchange Board of India & Another
Review Petition (C) No. 2332 of 2012 in Civil Appeal No. 9813 of 2011 with Review Petition (C) No. 2333 of 2012 in Civil Appeal No. 9833 of 2011 and Review Petition (C) No. D41468 of 2012 in Civil Appeals Nos. 9813 and 9833 of 2011
Decided On : 08-01-2013
Review Petitions - Jurisdiction of Court - The court dismissed the review petitions and held that none of the grounds for review as per the Code of Civil Procedure and Supreme Court Rules were made out. The petitioners were found to have no locus standi to move the review petitions.
Fact of the Case:
The court carefully examined the review petitions filed by the appellants and found no grounds for review as per the relevant legal provisions. The petitioners claimed to represent investors but were not parties to the appeals.
Finding of the Court:
The court dismissed the review petitions and applications seeking permission for open court listing, intervention, and directions/stay, as none of the grounds for review were made out. The petitioners were found to have no locus standi to move the review petitions.
Issues: Jurisdiction of Court, Locus Standi of Petitioners, Grounds for Review
Ratio Decidendi: The court applied the provisions of Order 47 Rule 1 of the Code of Civil Procedure read with Order 40 of the Supreme Court Rules, 1966 to determine the grounds for review and the locus standi of the petitioners.
Final Decision: The review petitions and applications were dismissed by the court, and the petitioners were found to have no locus standi to move the review petitions.
Judgment :
1. Delay condoned. We have carefully gone through the grounds raised in the review petitions filed by the appellants. We find none of the grounds mentioned in Order 47 Rule 1 of the Code of Civil Procedure read with Order 40 of the Supreme Court Rules, 1966 has been made out for review of our judgment. We also do not find any inconsistency in the views expressed by both of us. (Sahara India Real Estate Corpn. Ltd. V. SEBI, (2013) 1 SCC 1 : (2013) 1 SCC(Civ) 1 : (2013) 1 SCC (Cri) 257). On the other hand, all the contentions, legally and factually, raised by the appellants were examined, addressed and answered on all possible angles and dimensions.
2. Applications are stated to have been filed for placing new facts and documents on record for which the ingredients mentioned in Order 47 Rule (1)(c) have also not been satisfied. Even otherwise, all the records placed before us were meticulously examined and dealt with.
3. Review petitions are, therefore, not entertained and, accordingly, stand dismissed. As a sequel to this, applications seeking permission for open court listing, intervention and directions/stay also stand dismissed.
4. These review petitions have been filed by an Association and Others claiming that they are representing investors. The petitioners were not parties to the appeals. The applicants, in our view, have no locus standi to move these review petitions. Further, no ground mentioned in Order 47 Rule 1 of the Code of Civil Procedure read with Order 40 of the Supreme Court Rules, 1966 have been made out calling for review of our judgment.
5. Hence, the applications and the review petitions are dismissed.
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