VidhiSangh

Supreme Court of India · 01/03/2019

KHODAY DISTILLERIES LTD. (NOW KNOWN AS KHODAY INDIA LIMITED) AND OTHERS versus SRI MAHADESHWARA SAHAKARA SAKKARE KARKHANE LTD., KOLLEGAL (UNDER LIQUIDATION) REPRESENTED BY THE LIQUIDATOR

[2019] 3 S.C.R. 411 · 2019 INSC 298

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Summary

The Court reaffirmed Kunhayammed: refusal of special leave does not cause merger, and a non-speaking dismissal does not bar review by the High Court. It remitted the first review for merits determination and directed that the merits of the second appeal be heard by the regular Bench.

Issues

  1. Whether dismissal of a special leave petition barred subsequent High Court review.
  2. Whether the competing precedents required a larger Bench reference and what relief followed in the two appeals.

Provisions considered

Held

Result

First appeal disposed of by setting aside the High Court’s refusal to entertain review and remitting the review for decision on merits. In the second appeal, review maintainability upheld; merits of the challenged review order directed to the regular Board.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 411.