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SUPREME COURT OF INDIA
Uday Umesh Lalit, Ajay Rastogi, JJ.
Vishal Vijay Kalantri – Appellant
Versus
Shailen Shah (resolution Professional of Dighi Port Limited) & Ors. – Respondents
Review Petition No. 569 of 2022 in Civil Appeal No. 2228 of 2021
Decided On : 04-05-2022
Review Petition - Insolvency and Bankruptcy Code, 2016 - The court rejected the application for listing of the Review Petition in open court and dismissed the statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 after being satisfied that the facts and circumstances on record did not call for any interference. The Review Petition preferred by a Power of Attorney holder of the original appellant was also dismissed after the court found that it did not make out any case for the exercise of their jurisdiction in review.
Fact of the Case:
The court rejected the application for listing of the Review Petition in open court and dismissed the statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 after being satisfied that the facts and circumstances on record did not call for any interference. The Review Petition preferred by a Power of Attorney holder of the original appellant was also dismissed after the court found that it did not make out any case for the exercise of their jurisdiction in review.
Finding of the Court:
The court found that the facts and circumstances on record did not call for any interference and that the Review Petition did not make out any case for the exercise of their jurisdiction in review.
Issues: Application for listing of Review Petition, Dismissal of statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, Review Petition by Power of Attorney holder
Ratio Decidendi: The court was satisfied that the facts and circumstances on record did not call for any interference and that the Review Petition did not make out any case for the exercise of their jurisdiction in review.
Final Decision: The court rejected the application for listing of the Review Petition in open court and dismissed the statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016. The Review Petition preferred by a Power of Attorney holder of the original appellant was also dismissed.
ORDER
1. Application for listing of Review Petition in open Court is rejected.
2. The statutory appeal preferred under Section 62 of the Insolvency and Bankruptcy Code, 2016 was dismissed by this Court after being satisfied that the facts and circumstances on record, especially paragraphs 9, 10 and 17 of the judgment under appeal, did not call for any interference.
3. The instant Review Petition is now preferred by a Power of Attorney holder of the original appellant.
4. We have gone through the contents of the Review Petition, which do not make out any case for exercise of our jurisdiction in review. This Review Petition is, therefore, dismissed.
The court's decision was based on the satisfaction that the facts and circumstances on record did not call for any interference and that the Review Petition did not make out any case for the exercise....
The court's decision to reject the Review Petition was based on the lack of justification for interference.
The court dismissed the review petition after finding no error apparent on record.
Review jurisdiction is not an appeal; it only addresses apparent errors, without reevaluating case merits.
The availability of an appeal is not an absolute bar in exercising the writ jurisdiction of the High Court under certain circumstances.
A Civil Court cannot entertain suits regarding matters under the jurisdiction of the National Company Law Tribunal as per IBC sections 63 and 231.
The court found that the review petition did not establish any error apparent on record, leading to its dismissal.
The court upheld the compensation awarded by the Reference Court as the correct measure and found no error apparent on record to justify interference in Review Jurisdiction.
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