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Supreme Court of India 2024-02-26 disposed

PIPE INDUSTRIES ETC. ETC vs THE ASSAM STATE ELECTRICITY BOARD AND OTHERS

Bench: 2 — Aniruddha Bose, Sudhanshu Dhulia

In Brief

This case examines the Registrar's power to decline registration of curative petitions. Six firms challenged the Registrar's refusal to register their curative petitions because they failed to aver that their review petitions were dismissed by circulation (instead, they were dismissed in open court). The Supreme Court held that while curative petitions must ordinarily comply with procedural requirements, the Registrar cannot unilaterally refuse registration on technical grounds. Questions of curative petition maintainability are judicial matters for a Bench, not the Registry. When a curative petition arises from an open court dismissal of a review petition, the applicant must file a prayer seeking excuse from the circulation requirement; the Registry must then seek instructions from a Judge in Chambers. The Court set aside the Registrar's order but declined to entertain the curative petitions on merits due to substantial delay and lack of grounds.

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Supreme Court Procedure Curative Petition Review Petition Judicial Review Registry Powers Constitutional Law Procedural Law

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