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november 2016

Supreme Court of India · 2016-11-11

M/S MACKINTOSH BURN LTD. vs M/S. SARKAR & CHOWDHURY ENTERPRISES PVT. LTD.

Citation / case number
SC 2016/32331
Court
Supreme Court of India
Petitioner
M/S MACKINTOSH BURN LTD.
Respondent
M/S. SARKAR & CHOWDHURY ENTERPRISES PVT. LTD.
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that when a party is permitted to withdraw a special leave petition with liberty to approach the High Court, the subsequent application to the High Court must be treated as a review petition. The Court clarified that the High Court should not dismiss such a review petition on the grounds of delay if filed within two weeks. The appeal was disposed of with directions to allow the filing of a proper review petition.

M/S MACKINTOSH BURN LTD. vs M/S. SARKAR & CHOWDHURY ENTERPRISES PVT. LTD. · Niyam