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

Civil Appeal · 2022 INSC 512Decided 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.

Official source (sci.gov.in)View Judgment (PDF)

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