No relief can be granted in the special leave petition filed solely against order rejecting review application: SC

The SC on October 05, 2020 {T.K. DAVID vs. KURUPPAMPADY SERVICE CO-OPERATIVE BANK LTD. & ORS.} held that against the main judgment the SLP having been dismissed earlier the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. It was held that when the main judgment of the High Court cannot be effected in any manner, no relief can be granted by the Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. 

It was observed by the Bench, comprising of Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice M. R. Shah, that the Supreme Court does not entertain a special leave petition in which no relief can be granted. It was held that it is due to this reason that earlier the Court in Bussa Overseas and Properties Private Limited and Anr. Vs. Union of India and Anr., (2016) 4 SCC 696 has held that principle of not entertaining special leave petition against an order rejecting the review petition when main judgment is not under challenge has become a precedential principle. The SC reiterated the above precedential principle in this case again.

In the present appeal before the SC, the question, which need to be considered was as to whether the present special leave petition challenging the  review order dated 06.02.2020 is maintainable when the Division Bench judgment dated 11.03.2015 has neither been challenged nor can be challenged in this special leave petition.

The SC held that special leave petition against the Division Bench judgment dated 11.03.2015 having been dismissed by the Court earlier on 21.08.2015 and the review petition filed by the petitioner to review the judgment having been dismissed by the impugned judgment, it sees no reason to entertain this special leave petition. The special leave petition was accordingly dismissed.