KHODAY DISTILLERIES LTD v. SRI MAHADESHWARA SAHAKARA SAKKARE

review petition was filed before the filing of special leave petition or was filed after the dismissal of special leave petition. Such a situation is covered in para 37 of **Kunhayammed case. [Para 27] [434-D-E]

#4. Since Civil Appeal No. 2432 of 2019 was dismissed in limine without giving any reasons, the review petition filed by the appellant in the High Court would be maintainable and should have been decided on merits. Order dated November 12, 2008 passed by the High Court is accordingly set aside and matter is remanded back to the High Court for deciding the review petition on merits. [Para 28] [434-F]

#5. Civil Appeal No. 2433 of 2019 was also, dismissed in limine and without any speaking order. After the dismissal of the special leave petition, the respondent in this appeal had approached the High Court with review petition. Said review petition is allowed by passing order dated December 12, 2012 on the ground of suppression of material facts by the appellant herein and commission of fraud on the Court. Such a review petition was maintainable. Therefore, the High Court was empowered to entertain the same on merits. Insofar as appeal of the appellant challenging the order dated December 12, 2012 on merits is concerned, the matter shall be placed before the regular Board to decide the same. [Para 28] [435-A-C] **Kunhayammed and Others v. State of Kerala and Another (2000) 6 SCC 359 : [2000] 1 Suppl. SCR 538; Palani Roman Catholic Mission v. S. Bagirathi Ammal (2009) 16 SCC 657; Bhakra Beas Management Board v. Krishna Kumar Vij and Another (2010) 8 SCC 701 : [2010] 10 SCR 462 ; Medical Council of India v. State of Kerala and Others 2018 (11) SCALE 141 – relied on. *Abbai Maligai Partnership Firm and Another v. K. Santhakumaran and Others (1998) 7 SCC 386 : [1998] 1 Suppl. SCR 535 – distinguished.