Bombay High Court dismisses a review petition for there was no fraud as claimed by the review petitioner
Title: Indian Oil Corporation v. State of Maharashtra & Ors.
Decided on: 4th AUGUST 2023
REVIEW PETITION (ST) NO. 3185 OF 2020
CORAM: SUNIL B. SHUKRE & SMT. BHARATI DANGRE, J.J.
Facts of the Case
The Petitioner has applied for review petitioner on the grounds that there was fraud played upon the Court and therefore, review petition must be allowed.
In an order by the Court on Sept.12th 2005, the Court said that the petition has been disposed and the original petitioner (Dattatray Eknath More) can approach IOCL, in case of any vacancy.
In a letter sent by the original petitioner’s mother on 7th Nov. 2005, she reminded the company that they have to provide the promised employment opportunity to her son. Although it was not clarified by the petitioner that this letter was in pursuance of the liberty granted by this Court in the earlier round of litigation, the inference is that it was so obviously, in view of the liberty granted to this petitioner and his mother. So, this is not a clear case of suppression of a material fact.
The Corporation had not replied to their letter and therefore, this review petition has been filed.
Issues
Whether the fact that in the letter there was no mention that it was in pursuance of liberty granted by the Court is suppression of material facts?
Decision
The Court held that there was no suppression of material facts. The mention or no mention of the fact would not have made any difference to the decision made by the Court on the earlier occasion.
Even if doctrine of Fraud is applied, there must be suppression of material facts or documents must be so important and so material that in the absence of those facts or documents no effective decision could be made or if made, it would be patently unjust. There is no such suppression and therefore, the petition was dismissed.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Aparna Gupta, University Law College & Dept. of Studies in Law