Post-Disposal Application To Modify/Clarify Judgment Maintainable Only In Rare Cases : Supreme Court
Live LawWhile dismissing Adani Power's Miscellaneous Application seeking Late Payment Surcharge from Rajasthan Discoms, the Supreme Court reasoned out that the miscellaneous application seeking clarification of the order passed by the court couldn't be entertained after the disposal of the matter.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar underscored the settled position. While dismissing Adani Power's Miscellaneous Application seeking Late Payment Surcharge from Rajasthan Discoms, the Supreme Court reasoned out that the miscellaneous application seeking clarification of the order passed by the court couldn't be entertained after the disposal of the matter. To recapitulate, Adani Power/Applicant preferred an Application for clarification labeling it as Miscellaneous Application before the Supreme Court seeking LPS from the Rajasthan Discoms. To this effect, the court relied on its judgment of Supertech Limited-vs- Emerald Court Owner Resident Welfare Association & Others, where a two-judge Bench examined the maintainability of miscellaneous applications “for clarification, modification or recall”.
History of this topic
Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court
Live Law
Supreme Court Asks Registry To Explain Listing Of Adani Power's Application After Rajasthan Discom Alleges "Improper" Process
Live Law
"Reduces Litigation To Gambit": Supreme Court Deprecates 'Disturbing Trend' Of Filing Miscellaneous Applications Seeking Modification Of Its Judgments
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