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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10807 OF 2016

(Arising out of SLP ( C) No. 29122 of 2016)

M/S MACKINTOSH BURN LTD.   APPELLANT                                         VERSUS

M/S. SARKAR & CHOWDHURY ENTERPRISES  PVT. LTD.       RESPONDENT

J U D G M E N T  KURIAN,J.

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dismissed as withdrawn.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

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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.

......................J.       [KURIAN JOSEPH ]  

.......................J.                [ROHINTON FALI NARIMAN ]  NEW DELHI NOVEMBER 11, 2016.