2024 (8) TMI 437

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....order dated 03.03.2023, the petitioner sought permission to withdraw the Review Petition No. 31/2023 and the order of withdrawal reads as under: "Shri S. Parthasarathi, learned advocate for petitioner submits that the petitioner has decided not to pursue the review petition and prayed to withdraw the same. A memo of even date is filed to the said effect. 2. Memo be kept in record. Leave granted. Petition is accordingly dismissed as withdrawn." 3. It is submitted that the reason as to why the aforesaid Review Petition was withdrawn was in order to pursue the Special Leave Petition Nos.6925-6928/2023 before this Court. By order dated 17.04.2023, this Court passed the following order in the aforesaid Special Leave Petition....

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....again, the Review Petition No.253/2023 was filed by the petitioner before the High Court. 8. We find that that the said vacillation of the petitioner vis-a-vis the filing of the initial Review Petition and thereafter withdrawing the same and pursuing the Special Leave Petitions and on its dismissal once again filing another Review Petition is not in accordance with the policy of attaining finality in litigation. Moreover, the non-seeking of liberty by the petitioner at the initial stage or before this Court is fatal to the case of the petitioner. 9. Further, in the instant case, when the first Review Petition was withdrawn owing to the filing of the Special Leave Petitions before this Court, no liberty was sought to file a Review Peti....

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....ce has been placed by learned senior counsel for the petitioner, the facts were different. In Khoday India Limited, there was no Review Petition filed initially and after the dismissal of the Special Leave Petitions, another Review Petition being filed as in the instant case. 11. On the other hand, this case is similar to Abbai Maligai Partnership Firm vs. K. Santhakumaran, (1998) 7 SCC 386 ("Abbai Maligai Partnership Firm"), wherein Special leave petitions preferred were dismissed by this Court and thereafter, Review Petitions were filed and entertained by the High Court. Therefore, strong strictures were passed by this Court against vis-à-vis the order of the High Court. 12. We also place reliance on an order of this Court in....