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2023 Supreme(Online)(SC) 19708
MR. JUSTICE SANJIV KHANNA, MR. JUSTICE S.V.N. BHATTI, JJ
M/S GOEL ROAD CARRIERS PVT. LTD. – Appellant
Versus
M/S SAMAR LIFESTYLE PRIVATE LIMITED – Respondent
Petition(s) for Special Leave to Appeal (C) No(s). 22128/2023
Advocates:
For the Appellants/Petitioners: Mr. S. S. Sobti, Ms. Ritu Sobti, Mr. Mohit D. Ram, Mr. Rajul Shrivastav, Mr. Anubhav Sharma, Ms. Sthavi Asthana
For the Respondents:
For the Appellants/Petitioners: Mr. S. S. Sobti, Ms. Ritu Sobti, Mr. Mohit D. Ram, Mr. Rajul Shrivastav, Mr. Anubhav Sharma, Ms. Sthavi Asthana
For the Respondents:
The court allowed the petitioner to file a review application without facing dismissal due to delay, emphasizing the importance of reviewing judgments post-moratorium.
Headnote:Statute Analysis: The court referred to the judgments in SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited and Others and Prakash Corporates vs. Dee Vee Projects Limited. Facts of the Case: The petitioner sought special leave to appeal against a judgement by the High Court regarding a commercial suit filed post-moratorium period.
Findings of Court:
The court noted that the ratio in the latter case was not applicable due to the timing of the suit's filing.
Issues: The court considered whether the dismissal of the special leave petition was appropriate in light of prior judgments.
Ratio Decidendi: The court underscored that the petitioner may file for review in the High Court, which will not be dismissed due to delay if submitted within 30 days.
Result: The special leave petition is dismissed.
ORDER
Learned counsel for the petitioner has drawn our attention to the judgment of this Court in SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited and Others1. Learned counsel for the petitioner submits that the ratio in Prakash Corporates vs. Dee Vee Projects Limited 2 is not applicable, 1 (2019) 12 SCC 210. 2 (2022) 5 SCC 112 . Digitally signed by SWETA BALODI Date: 2023.10.11 16:39:16 IST Reason:
- Signature Not Verified as the commercial suit in question was filed post the moratorium (COVID) period. It will be appropriate for the petitioner - M/S Goel Road Carriers Pvt. Ltd. to file an application for review before the High Court, which application, if filed within a period of 30 days from today, will not be dismissed on the ground of delay. However, the application for review will be considered and decided in accordance with law and on its own merits. In case the application for review is dismissed, it will be open to the petitioner to challenge the impugned order/judgment before this Court. Recording the aforesaid, the special leave petition is dismissed. Pending application(s), if any, shall also stand disposed of. (BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR
