Dr. Sachin Ashok Kale v. Reserve Bank Of India Through Governor

Mr.P.R.Patankar, Advocate No.2 For Respondents : Mr.S.S.Baghel, Deputy Government Advocate No.3 and 6/State 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice

25.02.2025

Heard petitioner Dr.Sachin Ashok Kale in person as well as Mr.P.R.Patankar, learned counsel appearing for respondent No.2 and Mr.S.S.Baghel, learned counsel appearing for respondents No.3 and 6/State.

The petitioner has filed this review petition against the order dated

21.01.2025 passed by this Court in WA No.20 of 2025, whereby the Division Bench of this Court has dismissed the writ appeal filed by the petitioner herein.

The petitioner in person submits that the finding of learned Single Judge is that since the matter is under DRT, this Court has no jurisdiction over proceedings, which was always from the relief desired by the petitioner. He further submits that the petitioner has not challenged any action proceeded by the respondents under SARFASSAI Act and the same is not in pleading in writ Appeal No.20/2025 and WPC No.5712/2024, the jurisdiction issue does not arise and hence, the orders dated 21.01.2025 and 28.11.2024 are liable to be set aside. He also submits that the petitioner is being aggrieved by no proper action taken by respondent No.1 3 against the complaint of the petitioner against respondent No.5. Respondent No.5 is involved in the unfair practice and same is supported by respondent No.1 as respondent No.1 has not properly scrutinized the complaint and the reply filed by respondent No.4 against the corrected procedure followed by the petitioner, which was not taken into consideration by this Court while disposing of the petition filed by the petitioner. He contended that the petitioner is out of remedy against the action taken by respondent No.1 in the instant case and had not found any appropriate authority or forum for redressal of his grievances in the instant matter. All such available remedy has been already taken by the applicant in advance, before filing writ petition and writ appeal. As such, the review petition deserves to be allowed and the judgment dated 21.01.2025 passed by this Court in WA No.20 of 2025 may be recalled/reviewed.

We have perused the impugned judgment under review.

It appears that the petitioner by presentation of this review petition seeks an opportunity to argue the entire case afresh on merits under the garb of the review petition, which is not permissible and tenable in law.

It is well settled that scope of review jurisdiction is extremely limited and only an error apparent on face of record can be corrected in the said jurisdiction and re-appraisal/re-appreciation cannot be done in exercise of said jurisdiction as that would 4 amount to exercise of appellate jurisdiction which is impermissible in law (Devaraju Pillai v. Sellayya Pillai1, Meera Bhanja (Smt) v. Nirmala Kumari Choudhury (Smt)2, Avijit Tea Co. Pvt. Ltd. v. Terai Tea Co. and others3, Lily Thomas etc. v. Union of India and others4, Akhilesh Yavad v. Vishwanath Chaturvedi and others5 and Sasi (D) through LRS. v. Aravindakshan Nair and others6.)

The grounds raised by review petitioner in this review petition cannot be permitted to be raised in review petition. Even otherwise, there is no error apparent on the face of record in the impugned judgment under review warranting invocation of review jurisdiction.