High CourtsDIVISION BENCH(2017) 01 KAR CK 0256

Sam Advertising and Marketing vs Bruhat Bangalore Mahanagara Palike Corporation Offices, & Ors.

Karnataka High Court · Decided on 13 January 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
5388 of 2016 (LB-BMP) AND WRIT APPEAL NOS 176-186 of 2017

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Judgment

6 paragraphs · 184 words
1.

Mr.Tarakaram, learned senior advocate appearing in support of the appeals argues that the Hon''ble Single Judge did not correctly record the submission of the learned advocate for the appellant. He disputes the recording made by the Hon''ble Single Judge.

2.

We are afraid that such a challenge is not maintainable.

3.

The Supreme Court of India in the case of BANK OF BIHAR -versus- MAHABIR LAL AND OTHERS reported in AIR 1964 SUPREME COURT 377, inter alia, held that where a statement appearing in the judgment of a court that a particular thing happened or did not happen before it, it ought not ordinarily to be permitted to be challenged by a party unless both the parties to the litigation agreed that the statement was wrong, or the Court itself admitted that the statement was erroneous. The remedy of a party aggrieved has been by way of review.

4.

Therefore, the appeals are dismissed.

5.

In view of dismissal of the appeals, the pending interlocutory application does not survive for consideration and is, also, dismissed.

6.

We make no order as to costs.