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SURYA KANT, UJJAL BHUYAN
Manisha Nimesh Mehta – Appellant
Versus
Board Of Directors Chairman And Managing Director Of ICICI Bank – Respondent
ORDER :
1. Issue notice.
2. Mr. Sumit Goel, learned counsel accepts notice on behalf of respondent Nos.1 and 4.
3. It is not necessary to serve the other respondents in view of the order we propose to pass in the instant matter.
4. Leave granted.
5. The instant Civil Appeal is directed against the order dated 19.03.2024, passed by a Division Bench of the High Court of Judicature at Bombay in Review Petition (Writ Petition)(L) No.4048 of 2024 in Writ Petition No.277 of 2024 (Writ Petition (L)No.35792 of 2022). The said Review Petition was moved by the appellant seeking to recall the judgment dated 11.01.2024, whereby the Division Bench of the High Court dismissed a batch of Writ Petitions filed against various banks, inter alia, claiming that the statutory Notifications/guidelines issued by the Reserve Bank of India were not followed by these banks while classifying the loan accounts of the writ petitioners as NPA. It was claimed that the banks were mandated to follow those Circulars in the case of Micro, Small and Medium Enterprises (for short, `MSME’). Vide the said judgement dated 11.01.2024, the High Court dismissed the challenge on the ground that the banks were not obligated to fol
The Doctrine of Merger does not apply if no leave is granted in a Special Leave Petition, allowing for a maintainable Review Petition.
A party cannot re-litigate previously decided matters in a Special Leave Petition unless specific leave is granted, reinforcing the principle of finality in judicial decisions.
A review petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
Special Leave Petition – Only after issue of maintainability is decided upon, can Supreme Court enter into merits of case – No appeal by way of Special Leave Petition against order passed in review i....
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
The Supreme Court's dismissal of a Special Leave Petition does not merge with the original order, and review jurisdiction is lost once an appeal is preferred.
(1) Doctrine of Merger – When Special Leave Petition is dismissed or disposed of without granting leave there would be no application of Doctrine of Merger, even if order is passed with reasons.(2) C....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
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