Case Note & Summary
The dispute originated from the maintainability of a suit under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The appellant firms had their suit decreed by the Trial Court but dismissed by the High Court, which held the suit not maintainable for transactions prior to 23.09.1992, the Act's operational date. The Supreme Court dismissed the appeal on 23.01.2019, finding no evidence of delivery after that date, and the review petition was dismissed in open court on 18.12.2019. The appellants then filed curative petitions, which the Registrar declined to register on 31.10.2022 under Order XV Rule 5 of the Supreme Court Rules, 2013, because the review petitions were dismissed in open court and not by circulation, contrary to Rule 2(1) of Order XLVIII. The legal issue was whether the Registrar's refusal was correct. The appellants argued through their curative petitions, but the court analyzed the Supreme Court Rules and the precedent in Rupa Ashok Hurra vs Ashok Hurra and Another, which established that curative petitions require specific averments that grounds were taken in a review petition dismissed by circulation. The court reasoned that since the review petitions were dismissed after open court hearing, the precondition for curative petitions was not met. The court upheld the Registrar's order, concluding that the curative petitions were properly declined for registration as they did not comply with the procedural requirements. The decision favored the Registrar's action, effectively dismissing the appellants' attempt to revive the matter through curative petitions.
Headnote
A) Civil Procedure - Curative Petitions - Registration Refusal - Supreme Court Rules, 2013, Order XV Rule 5 - Registrar refused registration of curative petitions as review petitions were dismissed in open court, not by circulation, violating Rule 2(1) of Order XLVIII - Held that Registrar's order was correct as curative petitions cannot be entertained when review dismissed after open court hearing (Paras 1-3). B) Company Law - Interest on Delayed Payments - Maintainability of Suit - Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 - Suit for interest under 1993 Act not maintainable for transactions prior to 23.09.1992, the Act's operational date - Three Judge Bench dismissed appeal as no evidence of delivery after that date, review petition dismissed in open court (Paras 3-6). C) Constitutional Law - Supreme Court Jurisdiction - Curative Petitions - Constitution of India, Articles 129, 137, 142, 145 - Curative petitions derive from inherent powers under Articles 129 and 142, not specific constitutional jurisdiction - Supreme Court Rules 2013 made under Article 145 regulate procedure, requiring review dismissal by circulation for curative petition (Paras 7-9).
Issue of Consideration
Whether the Registrar's order declining registration of curative petitions under Order XV Rule 5 of Supreme Court Rules, 2013 was legal, given that the review petitions were dismissed in open court and not by circulation
Final Decision
Court upheld the Registrar's order declining registration of curative petitions, as review petitions were dismissed in open court and not by circulation, violating Rule 2(1) of Order XLVIII of Supreme Court Rules, 2013
Law Points
- Curative petitions require specific averments that grounds were taken in review petition dismissed by circulation
- Supreme Court Rules 2013 govern curative petition procedure
- Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act
- 1993 applies only to deliveries made after its operational date
- Registrar can refuse petition under Order XV Rule 5 if frivolous or lacking reasonable cause
