Case Note & Summary
The judgment pertains to four Civil Review Applications (Nos. 23, 24, 25 and 26 of 2011) filed by industrial consumers against the State of Goa and the Electricity Department. The applicants, Sunrise Electromelt Ltd., Global Ispat Pvt. Ltd., Karthik Inductions Ltd., and Puja Ferro Alloys Pvt. Ltd., sought review of a common judgment dated 29-04-2011 passed by the Bombay High Court at Goa in Writ Petition Nos. 157, 158, 159 and 160 of 2011. The original writ petitions challenged the validity of electricity tariff demands raised by the respondents. The review applications were filed under Order 47 Rule 1 of the Code of Civil Procedure, 1908, alleging errors apparent on the face of the record. The court examined the scope of review jurisdiction and found that the applicants merely re-agitated the same arguments that were already considered and rejected in the original judgment. The court held that no error apparent on the face of the record was disclosed, and review cannot be used as an appeal in disguise. Consequently, all four review applications were dismissed with no order as to costs.
Headnote
A) Civil Procedure - Review Jurisdiction - Order 47 Rule 1 CPC - Error Apparent on Record - The applicants sought review of a judgment dismissing their writ petitions challenging electricity tariff demands - The court held that review is not an appeal in disguise and no error apparent on the face of the record was shown - The review applications were dismissed (Paras 1-5).
Issue of Consideration
Whether the review applications disclose any error apparent on the face of the record warranting review of the judgment dated 29-04-2011 in Writ Petition Nos. 157, 158, 159 and 160 of 2011.
Final Decision
All four Civil Review Applications are dismissed. No order as to costs.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- Review cannot be used as an appeal in disguise
- No error apparent on record in the original judgment regarding electricity tariff fixation
