In Brief
Satheesh V.K., a borrower in default, challenged a High Court order requiring payment of outstanding bank dues in instalments. He initially filed a special leave petition (SLP) before the Supreme Court challenging the High Court's order, but withdrew it when the Court indicated reluctance to entertain it—without seeking liberty to file another SLP. He then filed a review petition, which was rejected, and subsequently filed fresh civil appeals before the Supreme Court. The Court held that a second SLP is not maintainable after unconditional withdrawal of the first SLP without leave to re-approach. The principle from the CPC governing withdrawal of suits applies equally to SLPs: a party cannot re-litigate the same order after abandoning an earlier challenge without Court permission. The Court dismissed the appeals as contrary to public policy and the principle that litigation must have an end.
The lawyer headnote and full judgment text are available to registered users.