28 Apr 2121

Recall Applications of the judgment are not maintainable - Supreme Court of India

Case : Reserve Bank of India v. Jayantilal N. Mistry & Anr. M. A. No. 2342 of 2019 in Transferred Case (Civil) No.91 of 2015

Court : Supreme Court of India

Bench : Justice L. Nageswara Rao and Justice Vineet Saran

Decided on : 28 Apr 2121

Relevant Statutes

Order XLVII of the Supreme Court Rules, 2014

Section 8 (1) (a), (d), (e) of the Right to Information Act, 2005

Article 21 of the Constitution of India

Brief Facts & Procedural History

1. The information asked by the Respondent was not provided by the Reserve Bank of India on the basis that it is exempted under Section 8 (1) (a), (d), (e) of the Right to Information Act, 2005. A Writ Petition was filed before the High Court but was transferred to the Hon’ble Supreme Court of India on the Request of Reserve Bank of India and there it was held that Reserve Bank of India holds no fiduciary relationship with the banks and ordered to act with transparency and do not retain information that could cause problems for the bank and must comply with the provisions of the act and should disclose the information.

2. Later, a contempt petition was filed after the Reserve Bank of India released the disclosure policy which was contrary to the directions given by the Court. In the petition, it was held that the Reserve Bank of India withdrew the disclosure policy to the extent it permitted exemptions contrary to the verdict Girish Mittal v. Parvati V. Sundaram & Anr. (2019) 20 SCC 747, and any violation would be taken seriously.

3. Later, some banks like HDFC, State Bank of India, etc. applied to recall the judgment in the Hon’ble Supreme Court of India.

The Issue of the Case

Whether the recall application of the Judgment dated 16 December 2015 is maintainable?

The Observations of the Court

1. Honourable Supreme Court of India observes that according to Order XLVII of the Supreme Court Rules, 2014 there is no provision for filing a recall application of the judgment.

2. Referring to the case Delhi Administration v. Gurdip Singh Uban & Ors. (2017) 10 SCC 1, recall application is not maintainable in the instant case and it is also not an extraordinary case.

3. Referring to the case Rashid Khan Pathan: In Re: Vijay Kurle and Others 2020 SCC Online SC 711, the concluded judgment cannot be reopened.

4. Honourable Supreme Court of India also observes that no bank has made an effort to be a party when the transfer hearing was going on.

The Decision Held by the Court

1. Honourable Supreme Court of India dismissed all the appeals by saying recall application of the judgment is not maintainable and they can pursue other legal remedies available in law for them.

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