The Supreme Court held that the appeal filed against an order dismissing a review application is not maintainable, relying on settled judicial proposition.
Appeal MAT 790 of 2022 and connected application IA No. CAN 1 of 2022 stand dismissed as not maintainable.
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29. 23.02.2023. Ct. No. 11. F.B.
MAT 790 of 2022
with IA No. CAN 1 of 2022
Dipayan Roy -Vs.-
The Union of India & Ors.
Mr. Anindya Bose, Mr. Deptendu Mondal, Mr. Nikhil Kumar Gupta, Mr. Mridul Biswas ….. For the Appellant.
Mr. Indranil Roy, Mr. Sunit Kumar Roy ….. For the National Medical Commission.
Mr. D. N. Maiti ….. For the WBUHS.
Party/Parties is/are represented in the order of their name/names as printed above in the cause title.
The appeal is directed against the Judgement and Order dated the 6th of May, 2022 passed in a Review Application, being RVW 57 of 2022 arising out of WPA 3507 of 2022.
The writ petition was dismissed by the Hon’ble Single Bench vide Order dated 24th of March, 2022.
2
Mr. Roy, Learned Counsel, appears for the National Medical Commission with Mr. Sunit Kumar Roy, Learned Advocate.
Mr. Roy relies upon the authority reported in (2020) 9 SCC page 92 to rely on the settled judicial proposition that no appeal is maintainable against an Order dismissing a Review Application.
For the Respondent/The West Bengal University of Health Sciences (WBUHS), Mr. Maiti, Learned Advocate, appears.
This Court finds the proposition stated by Mr. Roy to be well settled.
Accordingly, MAT 790 of 2022 along with its connected application, being IA No. CAN 1 of 2022 stand dismissed as not maintainable .
All parties to act in terms of the copy of the order downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Supratim Bhattacharya, J.) (Subrata Talukdar, J.)
1 issue framed by the court
Whether an appeal lies against an order dismissing a review application.
Colour shows how this judgement treated each authority
(2020) 9 SCC page 92Referred¶14
Dipayan Roy
The Union of India
The National Medical Commission
The West Bengal University of Health Sciences
Supratim Bhattacharya
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
