Khoday Distilleries Ltd. & Ors. Vs Mahadeshwara S.S.K. LTD. (Supreme Court of India)
The Special Leave Petition (SLP) was filed against the order of the Karnataka High Court dated 09.09.2011 dismissing a review petition in RFA No.427 of 2006. The respondent raised a preliminary objection regarding maintainability, pointing out that the petitioners had earlier challenged the High Court’s judgment dated 12.11.2008 before the Supreme Court. That SLP was dismissed on 04.12.2009, after condoning delay. Subsequently, the petitioners filed a review petition before the High Court, which was dismissed by the impugned order.
The respondent relied on Abbai Maligai Partnership Firm v. K. Santhakumaran (1998) 7 SCC 386 to argue that once the SLP was dismissed, the High Court could not entertain a review petition. The petitioners, however, relied on Kunhayammed v. State of Kerala (2000) 6 SCC 359, contending that dismissal of an SLP by a non-speaking order does not result in merger of the High Court’s judgment with that of the Supreme Court and does not operate as res judicata.
The Court observed that numerous review petitions are being filed after dismissal of SLPs, and conflicting reliance is being placed on Abbai Maligai and Kunhayammed. It noted differing judicial views in subsequent decisions. In Meghamala v. G. Narasimha Reddy (2010) 8 SCC 383, the Court held that if a review petition is filed after dismissal of the SLP, it may amount to abuse of process. Conversely, in Palani Roman Catholic Mission v. S. Bagirathi Ammal (2009) 16 SCC 657, it was held that review is maintainable where no leave to appeal has been granted. Similarly, Bhakra Beas Management Board v. Krishan Kumar Vij (2010) 8 SCC 701 held that dismissal of an SLP at the preliminary stage does not constitute a binding precedent.
