Analysis of Supreme Court Judgement in Khoday Distilleries Ltd. vs. Sri Mahadeshwara SSK Ltd.

Whether review petition is maintainable before the High Court seeking review of a judgment against which the SLP was dismissed in limine without giving any reasons? Held Yes.

In the instant case, since special leave petition was dismissed in limine without giving any reasons, the review petition filed by the appellant in the High Court would be maintainable and should have been decided on merits. Order dated November 12, 2008 passed by the High Court is accordingly set aside and matter is remanded back to the High Court for deciding the review petition on merits.

Judgement link : https://www.sci.gov.in/supremecourt/2011/39068/39068_2011_Judgement_01-Mar-2019.pdf