HIGH COURT OF UTTARAKHAND
SMT. SIMARJEET – Appellant
Versus
IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED – Respondent
AO 82 / 2019
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
A.O. No. 82 of 2019
Hon’ble Alok Mahra, J.
Mr. Mayank Pandey, learned counsel for
the appellant/applicant.
2. Mr. Pramod Kumar Bailwal, learned counsel for respondent no.1/Insurance
Company.
3. A review application (MCC No. 1 of 2025) has been filed by the appellant/applicant seeking review of the order dated 06.11.2025 passed by this Court, whereby the appeal filed by the appellant was disposed of with certain
modifications to the award.
4. Learned counsel for the appellant/applicant would submit that certain aspects of the order dated 06.11.2025 require reconsideration and, therefore, prays for review
of the said order.
5. Per contra, learned counsel for respondent no.1/Insurance Company raises a preliminary objection to the very maintainability of the review application on the ground that the power of review is purely statutory and cannot be exercised unless specifically provided under the governing enactment. Since the Act under which the appeal was decided contains no provision conferring review jurisdiction, the present application is stated to be misconceived and not
maintainable
6. Having considered the submissions of learned counsel for the parties and upon perusal of the record, this Court finds that the power of review is not an inherent power of the Court and can be exercised only when expressly provided by the statute. The proceedings in which the order dated 06.11.2025 was passed do not confer any statutory power of review upon this Court. In absence of such enabling provision, this Court cannot entertain a review application. 7. In view of the above legal position, the review application is held to be not maintainable and is accordingly rejected.
(Alok Mahra, J.)
11.12.2025 Mamta
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.