Kangra Central Cooperative Bank Limited Vs Kangra Central Cooperative Bank Pensioners Welfare Association (REGD.) & Ors. ( Supreme Court of India)
The Supreme Court first considered a preliminary objection regarding the maintainability of the Special Leave Petition (SLP). Respondent No. 1 argued that the petitioner-Bank had already challenged the High Court’s judgment before the Supreme Court through an earlier SLP, which was dismissed on 23 September 2024. Thereafter, the petitioner filed a miscellaneous application seeking recall of that dismissal, but withdrew it on 20 December 2024 with liberty only to approach the High Court through a review petition. No liberty was granted to approach the Supreme Court again if the review failed.
Respondent No. 1 contended that once the original High Court judgment had been upheld by the Supreme Court and the petitioner had exhausted its remedies, the matter could not be reopened through a fresh challenge. Reliance was placed on T.K. David v. Kuruppampady Service Cooperative Bank Ltd.
Petitioner’s Contentions
The petitioner-Bank argued that none of the courts had adequately considered its factual and legal contentions on merits. It submitted that dismissal of an SLP without a detailed adjudication does not prevent a party from seeking review before the High Court. Reliance was placed on Manisha Nimesh Mehta v. Board of Directors, ICICI Bank.
