Madras High Court Dismisses Review Petition in Industrial Investment Corporation Case — No Error Apparent on Record. Ground of Appeal Cannot Be Ground for Review Under Order 47 Rule 1 CPC.

High Court: Madras High Court Bench: Principal
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Case Note & Summary

The present Review Application was instituted by The Tamil Nadu Industrial Investment Corporation Limited and its Branch Manager seeking review of the order dated 20.06.2022 passed in W.P.No.28096 of 2014. The learned counsel for the Review Applicants contended that interest for the Covid-19 period had been waived. The court considered the case on merits and found that the ground raised by the Review Applicants could not be considered as an error apparent on the face of the record warranting interference. The court observed that a ground of appeal cannot be a ground to review the order. Consequently, the Review Application was dismissed with no costs.

Headnote

A) Civil Procedure - Review - Error Apparent on Face of Record - Order 47 Rule 1 CPC - The review applicants sought review of an order on the ground that interest for the Covid-19 period had been waived. The court held that a ground of appeal cannot be a ground for review, and the said ground did not constitute an error apparent on the face of the record. Consequently, the review application was dismissed. (Paras 2-3)

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Issue of Consideration

Whether the ground raised by the review applicants (waiver of interest for Covid-19 period) constitutes an error apparent on the face of the record warranting review of the order dated 20.06.2022 in W.P.No.28096 of 2014.

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Final Decision

The Review Application stands dismissed. No costs.

Law Points

  • Review jurisdiction is limited to errors apparent on the face of the record
  • ground of appeal cannot be a ground for review
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Case Details

2026 LawText (MAD) (06) 178

REV.APLW.No.158 of 2022 in W.P.No.28096 of 2014

2026-06-19

S.M.Subramaniam, N.Mala

Mr.I.Sathish (for applicants), Mr.Ramaswamy Meyyappan (for respondent)

The Tamil Nadu Industrial Investment Corporation Limited, Rep. by its Regional Manager, and The Branch Manager, Tiruvallur Branch, The Tamil Nadu Industrial Investment Corporation Limited

M/s.ACL Cements (P) Ltd., Rep. by its Managing Director, M.Rajkumar

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Nature of Litigation

Review application against order in writ petition

Remedy Sought

Review applicants sought review of the order dated 20.06.2022 in W.P.No.28096 of 2014

Filing Reason

Review applicants contended that interest for Covid-19 period had been waived

Previous Decisions

Order dated 20.06.2022 passed in W.P.No.28096 of 2014

Issues

Whether the ground of waiver of interest for Covid-19 period constitutes an error apparent on the face of the record warranting review

Submissions/Arguments

Learned counsel for the Review Applicants contended that interest for Covid-19 period has been waived.

Ratio Decidendi

A ground of appeal cannot be a ground for review. The ground raised by the review applicants did not constitute an error apparent on the face of the record warranting interference.

Judgment Excerpts

Ground for appeal cannot be a ground to review the order. Thus, the said ground raised by Review Applicants cannot be considered as an error apparent on the face of the record, warranting interference by this Court.

Procedural History

The review application was filed against the order dated 20.06.2022 in W.P.No.28096 of 2014. The court heard the review applicants' counsel and dismissed the application.

Acts & Sections

  • Code of Civil Procedure, 1908 (CPC): Order 47 Rule 1
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High Court Madras High Court Dismisses Review Petition in Industrial Investment Corporation Case — No Error Apparent on Record. Ground of Appeal Cannot Be Ground for Review Under Order 47 Rule 1 CPC.
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