Supreme Court Dismisses Review Petition in Insolvency Case — No Grounds for Review Established. The Review Petition failed to establish any grounds for the exercise of review jurisdiction under Section 62 of the Insolvency and Bankruptcy Code, 2016.

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Case Note & Summary

The case involved a Review Petition filed by Vishal Vijay Kalantri against the dismissal of a statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016. The Supreme Court had previously dismissed the appeal, finding no grounds for interference based on the facts presented in the judgment. The Review Petition was filed by a Power of Attorney holder of the original appellant, seeking to challenge the earlier decision. Upon reviewing the contents of the Review Petition, the Court found that it did not make out a case for the exercise of review jurisdiction. Consequently, the Court dismissed the Review Petition, affirming its earlier decision without any further elaboration on the merits of the case. The dismissal indicated that the Court was satisfied with its previous findings and did not find any new grounds that warranted a review of the earlier judgment.

Headnote

A) Insolvency and Bankruptcy - Review Jurisdiction - Grounds for Review - Insolvency and Bankruptcy Code, 2016, Section 62 - The Review Petition was dismissed as it did not establish any grounds for the exercise of review jurisdiction, following the dismissal of the statutory appeal based on the facts and circumstances on record. Held that the contents of the Review Petition were insufficient to warrant interference (Paras Not mentioned).

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Issue of Consideration

Whether the Review Petition made out a case for the exercise of review jurisdiction.

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Final Decision

The Supreme Court dismissed the Review Petition, affirming that no grounds for review were established.

Law Points

  • Insolvency and Bankruptcy
  • Review Jurisdiction
  • Dismissal of Review Petition
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Case Details

2022 LawText (SC) (05) 167

Review Petition No.569 of 2022 in Civil Appeal No.2228 of 2021

2022-05-04

Uday Umesh Lalit, Ajay Rastogi

Vishal Vijay Kalantri

Shailen Shah (Resolution Professional of Dighi Port Limited) & Ors.

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Nature of Litigation

Review Petition against dismissal of statutory appeal.

Remedy Sought

Review of the earlier judgment dismissing the statutory appeal.

Filing Reason

To challenge the dismissal of the statutory appeal under Section 62.

Previous Decisions

Statutory appeal was dismissed by the Supreme Court.

Issues

Whether the Review Petition made out a case for the exercise of review jurisdiction.

Submissions/Arguments

The Review Petition did not establish any grounds for review.

Ratio Decidendi

The Court found that the Review Petition did not present sufficient grounds to warrant the exercise of review jurisdiction.

Judgment Excerpts

Application for listing of Review Petition in open Court is rejected. This Review Petition is, therefore, dismissed.

Procedural History

The statutory appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 was dismissed by the Supreme Court before the filing of the Review Petition.

Acts & Sections

  • Insolvency and Bankruptcy Code, 2016: Section 62
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