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Supreme Court allows review on stock destruction order, petitioner has right to challenge before High Court. Delay in the case was condoned, and the special leave petition was dismissed. The Supreme Court allowed the petitioner to file a review before the High ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Supreme Court allows review on stock destruction order, petitioner has right to challenge before High Court.
Delay in the case was condoned, and the special leave petition was dismissed. The Supreme Court allowed the petitioner to file a review before the High Court solely to challenge the direction to destroy the stock. If the High Court's decision is unfavorable, the petitioner can appeal that order before the Supreme Court through a special leave petition. The Supreme Court clarified that the petitioner had the liberty to file a review before the High Court for this specific purpose, emphasizing that it did not indicate any opinion by the Court.
Issues: - Delay condonation - Permission to retain subject stock - Seeking recall of direction to destroy stock - Filing review before High Court - Appeal process before Supreme Court
Delay Condonation: The Supreme Court, in this judgment, first condoned the delay in the case. The delay was condoned, and the special leave petition was dismissed.
Permission to Retain Subject Stock: The petitioner's counsel argued that the High Court should have allowed the petitioner to keep the subject stock since possessing such fins was not unlawful. However, the Supreme Court noted that this argument was not presented before the High Court. Subsequently, the petitioner's counsel requested permission to return to the High Court to request a review of the direction to destroy the stock, as mentioned in the impugned judgment. The Supreme Court granted this request, allowing the petitioner to file a review solely for this purpose before the High Court.
Seeking Recall of Direction to Destroy Stock: The Supreme Court ordered that the petitioner could file a review before the High Court specifically to challenge the direction to destroy the stock. If the High Court's decision on this matter is unfavorable, the petitioner can then appeal only that order before the Supreme Court through a special leave petition.
Filing Review Before High Court: The judgment clarified that the petitioner had the liberty to file a review before the High Court for the limited purpose of challenging the direction to destroy the stock. The Supreme Court emphasized that this liberty did not indicate any opinion by the Court, and the High Court was to decide the matter on its own merits and in accordance with the law.
Appeal Process Before Supreme Court: The special leave petition was disposed of by the Supreme Court in the terms mentioned above, outlining the process for the petitioner to seek a review before the High Court and, if necessary, appeal the High Court's decision before the Supreme Court through a special leave petition.
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