Jaydeep vs Regional Manager Indian Oil ...
2021 Latest Caselaw 1086 UK

           IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
                      Second Appeal No. 140 of 2016

Jaydeep                                                       ........Appellant
                                          Vs.

Regional Manager Indian Oil Corporation Ltd. and another

                                                              .....Respondents

Mr. Vinod Tiwari, Advocate, for the respondent No.3.

Hon'ble Sharad Kumar Sharma, J (Oral)

The correction application (MCC No.12091 of 2021), preferred by the respondent no.3, would stand allowed to the following effect:-

"The paragraph no.2, of the judgment dated 05.01.2021, reads as under:-

The second appeal in question was decided by this Court on its merit and was allowed by the judgment dated 01.07.2019. Seeking its review, the respondent no. 3 herein had filed a Review Application No. 708 of 2019, which was dismissed on 09.08.2019. Against the dismissal of review, a SLP (Civil) No. 20616 of 2019 was preferred before the Hon'ble Apex Court and the SLP, too was dismissed by the judgment dated 02.09.2019. The review, which was preferred against it, was also dismissed on 11.10.2019, as against which yet another SLP being SLP (C) No. 41568 of 2019, was preferred and the same was dismissed by the Hon'ble Apex Court on 09.12.2019. It needs to refer that the provisions contained under Order 47 Rule 9, creates a bar of subsequent institution of a review application, once the earlier review has already been rejected on 11.10.2019."

2. The order dated 05.01.2021, would now be corrected and read as under:-

"The second appeal in question was decided by this Court on its merit and was allowed by the judgment dated 11.07.2019. Seeking its review, the respondent no.3, herein, had filed a review application No.708 of 2019, which was dismissed on 11.10.2019. Against allowing of the second appeal,

an SLP being SLP (Civil) No.20616 of 2019 was preferred before the Hon'ble Apex Court and the SLP too was dismissed by the judgment dated 02.09.2019. The review, which was preferred against it being Review Application no.708 of 2019 was also dismissed on 11.10.2019, as against which, yet another SLP being SLP (C) No.41568 of 2019, was filed and the same was dismissed on 09.12.2019."

(Sharad Kumar Sharma, J.) 23.03.2021 NR/