The High Court dismissed an application seeking recall of an earlier order dismissing a revision. The court held that since the earlier order was passed on merits after hearing both parties, there was no occasion to recall it or consider the matter afresh.
Application dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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1 902.appr31.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.31 OF 2016
IN
CRIMINAL REVISION APPLICATION NO.237 OF 2015
M/s. Future Agrovet Limited .. Applicant. Vs. The State of Maharashtra & Ors. .. Respondents.
Ms.Prachita P. Vare i/b Prakash V. Vare for the Applicant. Mr. S.V. Gavand APP for the Respondent-State.
CORAM : A. K. MENON, J.
DATED : 19TH JULY, 2017
P.C. :
“(a) This Hon'ble Court may be pleased to recall the order
dated 01.12.2015 passed by this Hon'ble Court in Revision Application No.237 of 2015 and matter may be heard freshly by considering the documents annexed with the
present application on such terms and conditions as this Hon'ble Court may deem fit and proper.
(b) This Hon'ble Court after hearing the present Application, the order dated 16.02.2015 in Appeal No.107 of 2013 by the
2 902.appr31.16
Ld. Sessions Court may be quashed and set aside.
(c) The confiscation order dated 1st November,
2012 passed by the Respondent No.3 on 01.11.2012 under Ref. No.NS/AMAL/6-A/P.NO.60/2012/J-765 be quashed and set aside.”
The impugned order is passed in Revision Application No.237 of 2015. From perusal of the impugned order it is clear that the order is passed on merits after hearing both the parties and the revision application was dismissed on merits. In the circumstances there is no occasion to seek relief of either recalling the said order or considering afresh or setting aside the said order. The remedy of the applicant was to challenge the same. In the circumstances this application has no merit. Hence, I pass the following order : (a) Criminal Application No.31 of 2016 is dismissed.
(b) No order as to the costs.
(A.K. MENON, J.)
1 issue framed by the court
Whether a criminal application can be allowed to recall and reconsider an impugned order which was already dismissed on merits.
M/s. Future Agrovet Limited
State of Maharashtra
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
