1 Leave granted.
2 Heard the learned senior counsel appearing for the
parties. On 04.01.2016, this Court in Special Leave
Petition (C) No 35029/2015 passed the following order:
“The learned counsel for the petitioner seeks
permission to withdraw the special leave petition
with liberty to approach the High Court.
Permission is granted with the above liberty.
Accordingly, the special leave petition is
dismissed as withdrawn.
We make it clear that we have not considered
the special leave petition on merits.”
3 It appears that the appellant filed an application
before the High Court in the light of the order extracted
above virtually for re-hearing of the appeal itself. It
is fairly conceded by Mr. K.V. Viswanathan, learned senior
counsel that once a party is permitted to go back to the
High Court, the High Court can be approached only by way
of review petition and therefore, there is no basis for
the unreasonable stand taken in the High Court for not
filing a review petition.
4 Having heard the learned senior counsel appearing for
both sides, we are inclined to grant one more opportunity.
Ordered accordingly. Therefore, this appeal is disposed of
making it clear that in case a proper review petition is
filed within two weeks from today, the same may not be
dismissed on the ground of delay.