Lawstreet Journal

“Recall applications are review applications in disguise, thus not maintainable”, Supreme Court dismisses plea to recall 2015 judgment [READ ORDER]

Lawstreet Journal 2 May 2021 2:48am

Image courtesy: Lawstreet Journal Judiciary “Recall applications are review applications in disguise, thus not maintainable”, Supreme Court dismisses plea to recall 2015 judgment [READ ORDER]

The Supreme Court on Wednesday (April 28th, 2021) refused to reconsider its 2015 judgment wherein the court upheld its stance on Jayantilal N Mistry case (Reserve Bank of India vs Jayantilal N. Mistry on 16 December, 2015) pertaining to the obligation on the part of RBI to disclose defaulters list, inspection reports, annual statement, etc., related to banks under the RTI Act.

Several FIs and banks, including the Bank of Baroda, the UCO Bank and the Kotak Mahindra Bank had filed an application in the court seeking a recall of the 2015 judgment in the Jayantilal N Mistry case, instead of a review, which is ‘maintainable’ on account of violation of natural justice as they were neither parties nor heard in the matter. 

Additionally, the judgment made it mandatory for them to furnish crucial financial information, which, citing the Supreme Court’s 2017 privacy verdict, would trample upon the privacy of investors and entities as well.

A bench comprising Justice L Nageswara Rao and Vineet Saran dismissed the application on grounds of lack of any provision in the Supreme Court for filing an application for recall of a judgment. 

The bench observed that the plea styled as “recall” application were in essence “review” petitions. “A close scrutiny of the applications for recall makes it clear that in substance, the applicants are seeking a review of the judgment in Jayantilal N.Mistry (supra). Therefore, we are of the considered opinion that these applications are not maintainable. We make it clear that we are not dealing with any… Continue Reading...

Tagged: Supreme Court of India  
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