A bench of Justice BR Gavai and Justice P. Narasimha imposed a cost of Rs. 10 Lacs on a litigant who has sought review of its order in the garb of filing a Misc. Application for clarification.

The Litigant EDELWEISS ASSET RECONSTRUCTION  COMPANY LIMITED had filed an application for clarification for a judgment dated 13.04.2021 in Civil Appeal No. 8129/2019 wherein it was contended that the Court has not health with the aspect of the security of pledge of shares with EARC having been arbitrarily and illegally wiped out in the Resolution plan and invocation/noninvocation of pledge of shares by EARC.

"4. we are of the considered view that the present applications are nothing else but an attempt to seek review of the judgment and order passed by this Court on 13th April 2021 under the garb of miscellaneous application.

5. We find that there is a growing tendency of indirectly seeking review of the orders of this Court by filing applications either seeking modification or clarification of the orders passed by this Court.

6. In our view, such applications are a total abuse of process of law.   The valuable time of Court is spent in deciding such applications which time would otherwise be utilized for attending litigations of the litigants who are waiting in the corridors of justice for decades together.

7. The applications are therefore dismissed with cost of Rs.10,00,000/­ (Rupees ten lakhs) each to be paid by the applicants within four weeks from the date of this order."

Read the full Judgment:-

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https://main.sci.gov.in/supremecourt/2021/15087/15087_2021_14_2_37367_Order_17-Aug-2022.pdf