VidhiSangh

Supreme Court of India · 17/07/2019

G H SHREE CHAITANYA CONSTRUCTIONS versus SUDHIR POONAMCHAND PARAKH & ORS.

[2019] 9 S.C.R. 1052 · 2019 INSC 773

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Summary

Recall of an appellate specific-performance judgment merely because the appearing advocate lacked a written vakalatnama was reversed on these facts. The respondent had been duly served, the arguments advanced protected his interests, and no collusive submission was identified. Affidavits supported oral authority, and the allegedly omitted injunction argument had actually been considered. Even accepting denial of appointment, his choice not to appear after service did not justify recall.

Issues

  1. Whether absence of a written vakalatnama justified recall despite completed service and substantive representation without demonstrated collusion.

Held

Result

Appeal allowed; High Court review judgment recalling the specific-performance decree set aside, restoring the appellate judgment.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 1052.