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2016 Supreme(SC) 894

KURIAN JOSEPH, ROHINTON FALI NARIMAN
MACKINTOSH BURN LTD. – Appellant
Versus
SARKAR & CHOWDHURY ENTERPRISES PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant : K.V. Viswanathan, Sr. Adv., Samiron Borkataky, Ms. Dharitry Phookan, Advs.
For the Respondent: Shyam Divan, Sr. Adv., Pankaj Bhatia, Ajay Choudhary, D.N. Sharma, Nipun Goel, Ashish Choudhury, Ms. Bharti Tyagi, Rakesh Sinha, Dhruv Surana, Ms. Bharti Tyagi, Advs.

JUDGMENT

Kurian, J.

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 Accordingly, the special leave petition is dismissed as withdrawn.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 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.

5. Therefore, this appeal is disposed of making it clear that in

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