AI Structured Summary
Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment
AI Structured Summary
Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment
Facts
The applicants filed a Review Application seeking recall of the order dated 30.04.2026 by which OA No. 1691/2026 was dismissed as withdrawn. The respondents’ counsel submitted that the applicants could file a fresh OA instead of pursuing the Review Application and stated that he would not raise any objection on the ground of res judicata in such an event. Although notice had not been issued in the Review Application, the Tribunal took up the matter at that stage. The applicants’ counsel submitted that the earlier OA had been dismissed as withdrawn and had not been adjudicated on merits.
Law Points
The questions before the Tribunal were whether the Review Application seeking recall of the order dismissing OA No. 1691/2026 as withdrawn should be entertained, and whether the applicants could avail a fresh remedy without the bar of res judicata, the earlier OA not having been decided on merits. The Tribunal did not adjudicate these questions on merits.
Acts & Articles
Not discussed in this judgment.
Judgments Referred
Not discussed in this judgment.
Obiter Dicta
The Tribunal clarified that any fresh OA, if filed, would be considered on its own merits, uninfluenced by the order permitting withdrawal of the earlier OA, and that the OA, if otherwise maintainable, may be considered on merits at the appropriate stage. The respondents’ counsel also stated that he would not object on the ground of res judicata to a fresh OA.
Ratio Decidendi
The Tribunal proceeded on the basis that where the earlier OA was dismissed as withdrawn without adjudication on merits, the Review Application seeking recall of that order could be permitted to be withdrawn without going into merits, without prejudice to the Review Applicants’ rights to avail such remedy as may be available in accordance with law. It further clarified that any fresh OA would be considered on its own merits, uninfluenced by the order permitting withdrawal of the earlier OA.
Final Ruling
The Review Application was dismissed as withdrawn. All pending Miscellaneous Applications, if any, were disposed of. No costs were awarded. The applicants were left free to avail such remedy as may be available in accordance with law, and any fresh OA, if otherwise maintainable, was to be considered on its own merits uninfluenced by the withdrawal of the earlier OA.
Plain-Language Gist
The applicants asked the Tribunal to recall an order that had dismissed their earlier case as withdrawn. The Tribunal did not decide the case on merits and allowed the review application to be withdrawn too, saying that if the applicants file a fresh case it will be heard on its own merits and will not be affected by the earlier withdrawal. No costs were awarded.
AI-generated summary — verify against the full judgment text before relying on it in practice.
Judgment
HON’BLE MR. MANISH GARG, MEMBER (J):
This Review Application (RA) has been filed by the applicants seeking recall of the order dated 30.04.2026, whereby OA No. 1691/2026 was dismissed as withdrawn.
Learned counsel for the respondents submits that the applicants may file a fresh OA instead of pursuing the present RARA and states that, in such an eventuality, he would not raise any objection on the ground of res judicata.
Though notice has not yet been issued in the present RARA, the matter is being taken up at this stage. Learned counsel for the applicants submits that the earlier OA was dismissed as withdrawn and was not adjudicated on merits.
Be that as it may, since the earlier OA was not adjudicated on merits and was permitted to be withdrawn, the present RA is also permitted to be withdrawn, without going into the merits of the case and without prejudice to the rights of the Review Applicants to avail themselves of such remedy as may be available to them in accordance with law.
It is clarified that any fresh OA, if so filed, shall be considered on its own merits, uninfluenced by the order permitting withdrawal of the earlier OA. The OA, if otherwise maintainable, may be considered on merits at the appropriate stage.
Accordingly, the RA is dismissed as withdrawn.
All pending Miscellaneous Applications, if any, shall also stand disposed of. No costs.