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Calcutta High CourtRVW/35/2022dismissed

M/S Ardhendu Mondal v. State Of West Bengal And ORS.

2022-08-18Hon'Ble Justice Rajasekhar Mantha2 pages

18-08-2022 ct no. 13 Sl.13+14 sp RVW 35 of 2022 With IA No. CAN 1 of 2022 In WPA 8314 of 2021 M/s. Ardhendu Mondal -VersusThe State of West Bengal & Ors.

Mr. Satrajit Sinha Roy ...for the petitioner Mr. Amitava Mitra, Mr. Samrat Sen ...for the State Review is sought of order dated January 18, 2022, on the ground that a civil proceeding will not lie in respect to the dispute raised in the writ petition.

Reliance is placed in this regard in the case of ABL International Ltd. and Another Vs.- Export Credit Guarantee Corporation of India Ltd. and Others, reported in (2004) 3 SCC 553. The ABL International decision has been considered in the case of Joshi Technologies International Inc. Vs. Union of India and others reported in (2015) 7 SCC 728.

In the instant case, there are no admitted claims/dues by and between the parties. The said decisions would have no manner of application.

In any event, a review does not lie in respect of an error, if at all, committed by a Court on a question of law.

Accordingly, the review application being RVW 35 of 2022 shall stand dismissed.

In view of the above, CAN 1 of 2022 shall also stand dismissed.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)