Dismissal of Review Petition: Legal Analysis

In a recent judicial development, a Review Petition challenging a court’s judgment was dismissed due to the lack of legal grounds for review. This decision highlights the importance of thorough legal analysis and adherence to statutory provisions in seeking a review of court judgments.

Facts

  • The statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 was dismissed by the Court.
  • The Court was satisfied that the facts and circumstances on record, especially paragraphs 9, 10, and 17 of the judgment under appeal, did not warrant any interference.
  • The instant Review Petition is now preferred by a Power of Attorney holder of the original appellant.
  • The instant Review Petition challenges the judgment passed by the court earlier.
  • The Power of Attorney holder is seeking a review of the judgment as per the legal provisions.
  • The Power of Attorney holder is acting on behalf of the original appellant in pursuing the review.
  • The Review Petition will be considered by the court in due course.

Also Read: Balancing Power and Transparency: Electoral Bonds Struck Down, Disclosure Mandated

Decision

  • The contents of the Review Petition were reviewed.
  • No case for exercise of jurisdiction in review was found.
  • The Review Petition was dismissed.

Also Read: Recall of Resolution Plan Approval: Legal Analysis

Case Title: VISHAL VIJAY KALANTRI Vs. SHAILEN SHAH (RESOLUTION PROFESSIONAL OF DIGIHI PORT LIMITED) (2022 INSC 515)

Case Number: R.P.(C) No.-000569 / 2022

Click here to read/download original judgement

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