VidhiSangh

Supreme Court of India · 26/02/2024

M/S BRAHMAPUTRA CONCRETE PIPE INDUSTRIES ETC. ETC versus THE ASSAM STATE ELECTRICITY BOARD AND OTHERS

[2024] 2 S.C.R. 758 · 2024 INSC 145

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Summary

When a Supreme Court review petition was dismissed after open-court hearing, omission of the averment required by Order XLVIII Rule 2(1) could not be used by the Registrar to refuse registration of a curative petition. The petitioner must instead seek exemption under Order LV Rule 2 for directions from a Judge in Chambers. The Registrar’s refusal was set aside, but the Court declined to entertain the curative petitions on their merits.

Issues

  1. Whether the Registrar may refuse registration of a curative petition because the review petition was dismissed after an open-court hearing rather than by circulation, contrary to the averment required by Order XLVIII Rule 2(1).
  2. What procedure applies where a curative petitioner seeks exemption from that averment, and whether the curative petitions warranted reconsideration.

Provisions considered

Held

Result

Appeal allowed to the extent that the Registrar’s refusal order was set aside; the Court itself declined to entertain the curative petitions. The connected matters were disposed of on the same terms.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 758.