M/S. AVIJIT TEA CO. PVT. LTD. versus M/S. TERAI TEA CO. AND ORS.

M/S. AVIJIT TEA CO. PVT. LTD. versus M/S. TERAI TEA CO. AND ORS.

The review order by the Single Judge was unsustainable as it sought to correct an issue properly appealable, not reviewable. The Division Bench rightly granted refund; the Single Judge committed a grievous error of law in setting aside that order.

Parties
Appellant: M/S. Avijit Tea Co. Pvt. Ltd.; Respondent: M/S. Terai Tea Co.; Respondent: New Red Bank Tea Co. Pvt. Ltd.
Jurisdiction
India
Judgment Date
08 August 1996
Procedural Posture
Civil Appeal / Appeal From Calcutta High Court, Review Order
Outcome
Appeal allowed; review order set aside; connected appeals dismissed
Legal Topics
Review Under Order 47, Rule 1 CPC, Specific Performance, Refund Order, Court Receiver
Civil Procedure Review Under Order 47, Rule 1 CPC Specific Performance Refund Order Court Receiver

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

M/S. Avijit Tea Co. Pvt. Ltd.

Appellant

M/S. Terai Tea Co.

Respondent

New Red Bank Tea Co. Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court, Review Order

Legal Issues

  1. 1 Whether the review order passed by the Single Judge in appeal No. 514/92 was sustainable under Order 47 Rule 1 CPC
  2. 2 Whether the refund granted by the Division Bench was valid

Ratio Decidendi

The review order by the Single Judge was unsustainable as it sought to correct an issue properly appealable, not reviewable. The Division Bench rightly granted refund; the Single Judge committed a grievous error of law in setting aside that order.

Court Disposition

Appeal allowed; review order set aside; connected appeals dismissed

Orders

  • Appellant to keep bank guarantee alive for four months; if no appropriate orders by competent court are obtained within four months, appellant may cancel bank guarantee.
  • No opinion on merits in pending suit for recovery of alleged damages.