Hello
It will be dismissed in all probabilities. rest depends on the grounds that will be taken by him in the recall application.
You may please share the copy of the relevant orders for a more concrete advise on the issue.
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Regarding application of recall
On [deleted] M P State Commission passed order in consumer case operating part of order is It is accordingly directed that on payment of balance amount and registration and as per agreement, the respondent shall transfer said two plots by registered sale deed in favour of appealant, within two month from today. Then i appealed in National commission and filed SLP in SC, both dismissed,, here opposite party filed application u/s 27 consumer protection act, after two month without pay balance amount. and after 4 year trial in district court found guilty and sentace 3 yrs imprisonment and fine. I appealed in state commission there verdict come in my favour. State commission said when he not paid balance amount in two month he have no right to claim plot, set aside lower court order and also quash execution application. Then opposite party not go to National commission he go to directly supreme court in SLP,, there Supreme court dismissed his slp said no merit in his slp so dismissed and order repaid his amount 5 lac with in 4 weeks from today In first hearing in SC when judge asked about status of land my lawyer said third party interest created in such land,, Judge angry and order filed with third party documents with affidavit and also respondent present in peron in court next date,, i filed affidavit with agreement to sale in court,, next date court heard then dissmissed his slp Now he filing application recall of order dt. 22-4-19 (date on slp dismissed) after 2 and half month he file recall application he metioned this third party agreement is bogus such kind. Is it maintainable?
Asked 6 years ago in Civil Law
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9 Answers
He can go for review. Recall is only possible if the order is erroneous on face of it.
since SLP has been dismissed for failure to make balance payment to you application for recall has been made by Appellant
2) The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case.
3) Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.
Yes recall application is maintainable so contest.
yes, recall application is maintainable.
Matter is finally disposed, only harm to you if you have submitted fake document than trouble for you. Very possibility you will be land in jail directly from court. Submitting false document in SC - Even god can`t save you.
If document is true than refund his amount and sell the property. Also due to his default in making payment in 2 months, he is not entitle to sale but SC has vide powers and can grant any relief to meet end of justice.
He seems to be very desperate about the orders that have been granted against him, being aggrieved by the great blows through court, he is trying to put up one or the other gimmick before court, let him filed that, he may not be able to succeed in this case also.
- As per the information mentioned in the present query, makes it clear that there has been number of litigation with respect to the compliance of the order of the Hon’ble Consumer Court.
- No, absolutely not, he should not be getting any relief from the court of law at apex level as he himself made non- compliance of the order.
- In fact, he has crossed the limitation period to appeal in 30 days against the order so passed lastly. He will have to give the sufficient reasons to condone the delay which I think he won’t be getting succeeded for sure.
No his petition for recall the order is not maintenable at this stage as he has not compiled with the initial order of state commission and have not deposited the balance amount.
You dont need to worry this application as this is also going to be dismissed by SC.
