JUDGMENT (Oral)

REVIEW PET. 174/2022

1. This petition seeks review of the following order passed by a Coordinate Bench of this Court on 7th February 2019:

"After arguments, this appeal is disposed of as not pressed."

2. Mr. Vivek Kohli, learned Senior Counsel appearing for the appellant-review petitioner has relied on the judgments of the Supreme Court in Abhimanyoo Ram v. State of U.P., (2008) 17 SCC 73 and U.O.I. v. Mohan Rocky Springwater Breweries Ltd., (2011) 15 SCC 229 to press his review petition.

3. On the face of it, no case for review can be said to be made out.

4. The only ground that has been urged in the present review petition, and as urged by Mr. Vivek Kohli, is that the learned Counsel for the appellant had no instructions not to press the appeal. He submits that, as the order under review has been passed in a Regular First Appeal, the appellant should not be deprived his right to canvass the appeal on merits.

5. I regret my inability to agree.

6. It is important to note that the impugned order is not a simplicitor order dismissing the appeal as not pressed. It reads "after arguments, this appeal is disposed of as not pressed". It is obvious, at a plain reading,