Delhi High Court
Novateur Electrical & Digital ... vs V-Guard Industries Ltd on 12 January, 2023
Neutral Citation Number : 2023/DHC/000393
$~35(Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Review Pet. 9/2023 IN CS(COMM) 567/2021
NOVATEUR ELECTRICAL & DIGITAL SYSTEMS PVT LTD
..... Plaintiff
Through: Mr. Hemant Singh, Mr. Shakti
Priyan Nair and Ms. Pragya Jain, Advs.
versus
V-GUARD INDUSTRIES LTD ..... Defendant
Through: Mr. Chander M. Lall, Sr. Adv.
with Mr.Sachin Gupta, Ms. Jasleen Kaur, Ms.
Swati Meena, Ms. Yashi Agrawal and Mr.
Rohit Pradhan, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (ORAL)
% 12.01.2023
Review Pet. 9/2023 (filed by Defendant)_ in CS(COMM) 567/2021
1. This review petition seeks review of judgment dated 4th January
2023 passed by this Court in IA 14683/2021, under Order XXXIX Rules
1 & 2 CPC, in CS(COMM) 567/2021.
2. The averments made in this application read as under:
"1. It is most respectfully submitted that this Hon'ble Court vide
final order dated 4.01.2023 was pleased to allow the application of the
Plaintiff under Order XXXIX Rules 1 and 2 CPC and granted interim
injunction against the Defendant.
2. By way of the present application, the Defendant seeks review
of the final order dated 04.01.2023 passed by this Hon'ble Court on the
ground that the counsel for the Defendant failed to specifically cite a
binding precedent being the judgment of the Full Bench of our own
Signature Not Verified High Court in Reckitt Benckiser India Ltd. v. Wyeth Ltd., FAO (OS)
Digitally Signed
Signing Date:19.01.2023
12:25:02
Neutral Citation Number : 2023/DHC/000393
458/2009, which has complete application on the case at hand.
3. It is most respectfully submitted that failure to notice an earlier
binding precedent constitutes an error of law and error apparent on the
face of the record.
4. It is most respectfully submitted that the defendant is suffering
both financially and with respect to its market standing and reputation
and non-reliance upon the aforementioned judgment is causing
irreparable damage to the Defendant.
5. In light of the same, it is humbly submitted that this Hon'ble
Court may be pleased to consider the said judgment and review its
decision rendered vide Order dated 4.01.2023 in the interest of justice
and in order to avoid miscarriage of justice.
6. In view of the above circumstances, it is therefore, most
respectfully prayed that this Hon'ble Court may be pleased to:
a. review its order dated 4.01.2023;
b. pass such other further order as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present case may also be passed in favor of the Defendant.
3. Clearly, this application does not subscribe to the requirements of
the review application as envisaged by Section 114 read with order
XLVII Rule 1 of the CPC.
4. All that it says is that the defendant failed to specifically cite a
binding precedent in Reckitt Benckiser India Ltd. v. Wyeth Ltd. It does not
state how the precedent is applicable or as to how, if the precedent were
to apply, the judgment would be different or any of the findings in the
judgment would resultantly be erroneous.
5. A review can lie only if there is an error apparent on the face of the
record of the judgment, or if there is new fact which, despite due
diligence, could not have been discovered before the judgment came to
Signature Not Verified
Digitally Signed
Signing Date:19.01.2023
12:25:02
Neutral Citation Number : 2023/DHC/000393
be passed. Merely citing the decision of the Full Bench of this Court
without citing how the decision apply or how, applying the decision, the
impugned judgment would suffer from the error apparent on the basis of
the record, cannot justify seeking of a review.
6. For want of material particulars, therefore, and reserving the right
of the defendant to file an appropriate application/petition, if so
instructed, this review petition is dismissed.
C. HARI SHANKAR, J.
JANUARY 12, 2023
dsn
Signature Not Verified
Digitally Signed
Signing Date:19.01.2023
12:25:02
