Union Of India Through The Secretary And ORS v. Xyz

1/2 RPWST/20127/15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (STAMP) NO. 20127 OF 2015 IN WRIT PETITION NO.1882 OF 2014 Union of India & Ors.

..... Petitioners V/s X Y Z .....Respondent.

Mr. S.P. Bharati for the Applicants.

None for the Respondent.

CORAM: V. M. KANADE & A. S. GADKARI, JJ.

DATE:

27th August, 2015 (In Chamber at 2.35 PM) P.C.:- 1.

The grievance of the Petitioners is regarding certain observations which are made by this Court while disposing the Writ Petition which was filed against the Union of India. 2.

It is submitted that the observations made by this Court that averments which are made are vague etc are not correct. Secondly, it is submitted that the said averments were made in respect of situation as it existed in March, 2014. It is submitted that therefore the impugned order is liable to be set aside.

2/2 RPWST/20127/15 3.

We are afraid that we would not be in a position to review the order on the ground urged by the learned Counsel appearing on behalf of Union of India. It is a settled position in law that the review is maintainable on the grounds which are mentioned in Order 47 Rule 1 of the CPC. Remedy, if any, which is available to the Review Petitioner is to challenge our order before the Apex Court. As such, we decline to interfere with the order passed by us and, therefore, Review Petition is dismissed, reserving the right of the Petitioner to challenge our order in the Apex Court.

4.

Parties to act on the copy of this order duly authenticated by the Registry of this Court.

(A.S. GADKARI, J.) (V.M. KANADE, J.) BDPPS