Shiv Shakti Co-Operative Housing Society Case - 2003 AIR SCW 2445 Requires Reconsideration
By
Justice Panachand Jain
In Shiv Shakti Co-operative Society, Nagpur v. M/s. Swaraj Developers (2003 AIR SCW 2445) decided by the Hon’ble Supreme Court on 17th April, 2003 the question was whether the High Court went wrong in disposing of the revision application as not maintainable. The order of the High Court was challenged on the following grounds :
The amended provisions do not apply to revision applications which were admitted before the amendment.
Appeals and revisions stand on a parallel footing and are vested rights in the appellant/applicant as the case may be and as such the amended provisions would not have any application.
The applications for injunction and the like which form subject matter of the revisions relate to the expression ‘other proceedings’ and even if the amended provisions apply, disposal of the revision would have meant final dismissal of such other proceedings.
There ....