Rcc Infraventures LTD. Through Its Authorized Representative Shri Shibu Jhony vs. Union Of INDIA
Held
The Court held that an order of dismissal of a Writ Petition cannot be recalled by filing an application under Section 151 of the CPC. The High Court of Madhya Pradesh Rules, 2008, specifically Chapter-II, Rule 11, provides for filing a Review Petition for recalling or reviewing an order. Therefore, the application under Section 151 CPC was not maintainable. Regarding the second issue, the Court examined the recording of the court proceedings dated May 28, 2024, and found that after arguing for approximately 25 minutes, the counsel for the petitioner had sought withdrawal of the petition with liberty to file an appeal. This was also discussed with the petitioner's representative present in court and visible in the video recording. Consequently, the Court found the application to be based on entirely wrong facts. The Court accepted the unconditional apology of the arguing counsel, Shri Rakshit Gupta, a young lawyer, but imposed heavy costs of Rs. 25,000/- on the petitioner for filing the application on incorrect grounds. The cost was to be deposited within two weeks in the High Court Legal Service Committee, Gwalior. The application was dismissed.
Facts
The petitioner, RCC INFRAVENTURES LTD., filed a Writ Petition (WP No.8253/2024) before the Madhya Pradesh High Court. On May 28, 2024, the Court dismissed the petition with liberty to file an appeal before the Additional Commissioner (Appeals), GST. The petitioner's counsel had argued at length and then sought withdrawal of the petition with liberty to approach the Appellate Authority. Subsequently, the petitioner filed an Interlocutory Application (I.A. No.4774/2024) under Section 151 of the CPC seeking to recall the dismissal order. The petitioner contended that no such liberty to withdraw was sought. The Court examined the recording of the proceedings from May 28, 2024, which indicated that the counsel had indeed sought withdrawal with liberty to appeal after discussion with the petitioner's representative.
Key Issues
1. Whether an order of dismissal of a Writ Petition can be recalled by filing an application under Section 151 of the Code of Civil Procedure, 1908, when the High Court Rules provide for filing a Review Petition under Chapter-II, Rule 11 of the High Court of Madhya Pradesh Rules, 2008? 2. Whether the petitioner's counsel had sought liberty to withdraw the Writ Petition with liberty to approach the Appellate Authority on May 28, 2024? Petitioner's contentions: The petitioner argued that the Writ Petition was dismissed without their counsel seeking liberty to withdraw and approach the Appellate Authority. They filed the application under Section 151 CPC to recall the order. Revenue/State's contentions: The respondents did not explicitly record arguments in the judgment. However, the Court's examination of the proceedings supported the fact that the petitioner's counsel had sought withdrawal with liberty to appeal.
Sections Cited
Section 151, Chapter-II Rule 11
AI-generated summary — verify with the full judgment below
(1) WP No.8253/2024 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR W.P. No.8253/2024 (RCC INFRAVENTURES LTD. THROUGH ITS AUTHORISED REPRESENTATIVE Dated: 19-07-2024 Shri Rakshit Gupta, learned counsel for the petitioner along with Ms Amrita Panda, learned counsel who appeared through Video Conferencing.
Shri Praveen Surange learned counsel for respondents.
Vide order dated 28/05/2024, this Court has dismissed the present Writ Petition with liberty to file an appeal before the Additional Commissioner (Appeals), GST, 3/194, Vishal Khand-3, Gomti Nagar, Lucknow (U.P.). After arguing at length before this Court, the learned counsel for the petitioner sought withdrawal of this Writ Petition with liberty to approach the Appellate Authority.
Now, I.A. No.4774/2024, an application under Section 151 of CPC has been filed seeking appropriate direction to recall the order dated 28/05/2024.
Once the Writ Petition has been dismissed, the order can not be recalled by way of an application filed under Section 151 of CPC. In the High Court of Madhya Pradesh Rules 2008, there is a Signed by: SUN
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