1. There is no thing as recall petition a review petition can be filed.
2. The MA will be allocated as per the roaster of the court
3. The court may reject same.
Regarding recalling of order
After allowed appeal u/s 27-A by M P State Consumer commission and set aside of conviction order of District consumer fourm Bhopal. Opposite party filed SLP in Supreme Court after order of M P State consumer Commission. Supreme Court issued notice . after filed counter affidavit on hearing date direction given by S C (Justice Sanjay Kaul & Indra Banerjee) on date [deleted] UPON hearing the counsel the Court made the following O R D E R ** During the course of hearing, learned counsel for the respondent(s) states that after the impugned order was passed and before the special leave petition(s) was filed third party rights have been created in respect of the subject property and that the status quo order dated 14.05.2018 is post that date. We consider it appropriate to direct the respondent(s) to file within two weeks an affidavit enclosing document(s) by which third party rights are created and the partner representing the respondent(s) to remain personally present in the Court on the next date of hearing. List the matter on 22.04.2019.** Filed Affidavit with supporting document in SC. Case listed on 22-4-19 before Justice Nariman & Sanjay Kaul. order like that " UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel appearing for the parties. We find no merit in the Special Leave Petitions. The Special Leave Petitions are, accordingly, dismissed. Pending applications, if any, stand disposed of. However, an amount of Rs.5,00,000/- (Five Lakhs only) will be repaid by the respondent to the petitioners within a period of four weeks from today.** I sended 5 Lacs DD to other party through speed post. Speed post return with mark refusel. Now Other party file MA application of Recall of Order, against dismissal order of dt. 22-4-19 passed by Justice Nariman & Sanjay Kaul. I want to know 1) Whats difference between review petition and Recall Petition. 2) Who will hear this Recall of Order application Justice Nariman or Sanjay Kaul 3) Is it maintainable? My advocate wrote letter to Registrar that this recall of order is not maintainable . If he want he file review petition against the order
Asked 5 years ago in Civil Law
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In Asit Kumar v. State of West Bengal, 2009 (1) SCR 469: (AIR 2009 SC (Supp) 282), this Court made a distinction between recall and review which is as under:
“There is a distinction between …… a review petition and a recall petition. While in a reviewpetition, the Court considers on merits whether there is an error apparent on the face of the record, in a recall petition the Court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing to an affected party.
2) it would be heard by justice nariman and Sanjay Kaul
in a review petition, the Court considers on merits whether there is an error apparent on the face of the record, in a recall petition the Court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing to an affected party.
Recall is recalling the entire order as there is no order at all. Review is done for reviewing a particular fact in order for the error. It's one and the same interchangeably used
On this MA Application recall of order,, again open case and hear on merits? Can this order change?
Asked 5 years ago
If Respondents were granted personal hearing chances of order being recalled are bleak
No the court may reject same , the court on review may set aside the order.
Now the fresh hearing will happen in this case
Hello,
Review Petition in this court consider the merits of case and give decision.
And recall petition court doesn't consider the merit just consider for recall of previous decision.
The case will be heard according to roaster of Supreme Court and most probably same bench will hear the recall petition.
No recall petition is not maintenable because court gave the opportunity to present their case.
It cannot be predicted that who will hear the recall petition.
If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice or where the order has been pronounced without giving an opportunity of being heard to a party affected by it or where an order was obtained by abuse of the process of court which would really amount to its being without jurisdiction, inherent powers can be exercised to recall such order for the reason that in such an eventuality the order becomes a nullity and the provisions of Section 362 Cr.P.C. would not operate. In such eventuality, the judgment is manifestly contrary to the audi alteram partem rule of natural justice. The power of recall is different from the power of altering/reviewing the judgment. However, the party seeking recall/alteration has to establish that it was not at fault. (Vide: Chitawan & Ors. v. Mahboob Ilahi, 1970 Crl.L.J. 378; Deepak Thanwardas Balwani v. State of Maharashtra & Anr., 1985 Crl.L.J. 2.
decision of the Supreme Court in the matter of...the second proviso to Section 17-A, only the power to review the award including the interim award has been barred. There is a noticeable difference between“review” and “recall”. The power of ...is different than the power of altering or reviewing the judgment
If the recall petition is allowed then the court may hear both the sides, it is not necessary that the earlier decision has to be reversed due to recall.