Rights vs. Remedy

Party cannot sleep over its rights and participate in further proceedings and then approach the Court or the authority to rectify the error.

The Hon’ble Bombay High Court in the matter of Antikeros Shipping Corporation vs. Adani Enterprises Limited, Civil Jurisdiction Appeal No. 533 of 2019 observed that where a Court takes wrong/erroneous seisin of matter and proceeds to pass an order on merits, an application filed pleading that the Court had no jurisdiction to take cognizance of the matter would relate to a substantive review being sought because the pleadings constituting the review would relate to the substance of the nature of lis brought before the Court. However, it may be true that an order passed in a lis or an issue which cannot be taken cognizance of by a Court or an authority is void and non-est, but that does not mean that a party can sleep over its rights and participate in further proceedings and one fine day approach the Court or the authority to rectify the error. In cases where a party was unaware of an order passed against it or was not aware of a fact which if brought to the notice of the Court or the authority would have resulted in the Court or the authority having no jurisdiction, in said situations alone the issue of delay and laches would become immaterial for the reason the party concerned would have approached the Court or the authorities at the first available opportunity to it to question the order which lacked jurisdiction.