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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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What is Legal Case Shots?+

Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Company & Insolvency LawSupreme Court of India

Vishal Vijay Kalantri vs Shailen Shah (Resolution Professional of Dighi Port Limited)

Civil AppealDecided 4 May 2022
Civil Appeal No. 2228 of 2021
Uday Umesh Lalit · Ajay Rastogi · U.U. Lalit

Background

The petitioner's statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 had earlier been dismissed by the Supreme Court, which found nothing in paragraphs 9, 10 and 17 of the appellate order below warranting interference. A Power of Attorney holder of the original appellant then filed this Review Petition seeking reconsideration of that dismissal. The petitioner also asked for the review petition to be listed and heard in open court.

Decision Breakdown

The Court first rejected the application to have the review petition heard in open court. On examining the review petition's contents, the Bench held that nothing in it made out a case for exercising the Court's limited review jurisdiction. Consequently, the review petition itself was dismissed, leaving the original dismissal of the Section 62 IBC appeal undisturbed.

Lesson Learnt

A review petition is not a second chance to re-argue a case on merits. The Supreme Court will only reopen a decision in review if the petition itself discloses a genuine error or ground recognised in review jurisdiction, and open-court hearings in review are the exception, not the rule.

Vishal Vijay Kalantri vs Shailen Shah (Resolution Professional of Dighi Port Limited) – Legal Case Shots | LegalAware