The Supreme Court on Monday (November 22) observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.
The bench of Justices SK Kaul and MM Sundresh in their order said,
"We are of the view that it cannot be said that the time period spent in prosecuting the Special Leave Petition, albeit some delay on part of the appellants, will preclude the appellants from seeking condonation of delay of this period in filing the review application."
The observation was made while the bench was dealing with a civil appeal assailing Madras High Court's order dated September 12, 2019 ("impugned order").
In the impugned order, the High Court had rejected a review application filed after dismissal of SLP on the ground that there was no satisfactory ground to condone the delay in filing the review petition.
"Perusal of the order passed by the Supreme Court indicates that the Apex court has found no reason to interfere in this matter and SLP was dismissed accordingly. The petitioner, after exploring the possibility of Special Leave before the Supreme Court having failed, has now filed a review petition. This Court is not inclined to entertain this petition since no sufficient or satisfactory cause is shown," the High Court had observed.
Senior Counsel on appellant's behalf while relying on the judgements in Khoday Distilleries Ltd. & Ors. v. Sri Mahadeshwara Sahakare Karkhane Ltd, Kollegal (Under Liquidation) Represented by the Liquidator (2019) 4 SCC 376 submitted that the appellant could not be deprived of their right to seek a review of High Court's order since the SLP's dismissal was in limeline.
Respondent's counsel on the other hand submitted that the SLP was not pending for 722 days. It was also his contention that the appellants failed to remove objections in the SLP and cure the same despite passing of peremptory nature of orders. He thus submitted that this period could not be said to be one where "SLP was pending."
While allowing the civil appeal the bench in observed that,
"We thus, deem it appropriate to allow the application filed by the appellants before learned Single Judge seeking condonation of delay in filing the review application without commenting one way or the other on the issue of merits of the review application."
Case Title: Radha Gajapathi Raju Vs. P. Maduri Gajapathi Raju| C.A. No. 006974 - 006975 / 2021
Coram: Justices SK Kaul and MM Sundresh