Case: Reserve Bank of India Vs. Jayantilal N. Mistry &amp; Anr

by the RBI. We make it clear that all questions raised in the Writ Petitions are left open and the order we propose to pass in the miscellaneous applications will not have any bearing on the consideration of the Writ Petitions on their own merits. 6. The main contention of the Applicants for recall of the judgment in Jayantilal N. Mistry (supra) is that the judgment has far reaching consequences and the applicants who are directly and substantially affected were not made parties and heard. They relied upon the judgments of this Court in Budhia Swain & Ors. v. Gopinath Deb & Ors. (1999) 4 SCC 396 , Royal Paradise Hotel (P) Ltd. v. State of Haryana & Ors. (2006) 7 SCC 597 , Asit Kumar Kar v. State of W.B. & Ors. (2009) 2 SCC 703 and Vishnu Agarwal v. State of U.P.& Anr. (2011) 14 SCC 813 to contend that the application for recall of the judgment is maintainable when there is violation of principles of natural justice. It was also argued on behalf of the banks that an application for recall is different from review. The learned counsel appearing for the banks submitted that the inherent jurisdiction of this Court should be exercised to recall the judgment in Jayantilal N. Mistry (supra) which failed to consider important questions of law. It was further argued that the judgment in Jayantilal N. Mistry (supra) addressed a limited perspective. In the said judgment, this Court did not consider the important aspect of violation of the right to privacy which has been held to be an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2017) 10 SCC 1. Another submission made on behalf of the banks is that the judgment in Jayantilal N. Mistry (supra) is per incuriam as certain judgments of this Court have not been considered. An attempt was made to make submissions regarding the correctness of the judgment which was curtailed by this Court on the ground that arguments were being heard only regarding the maintainability of the applications for recall. 7. The learned counsel for the Respondents submitted that it has been held by this Court in Delhi Administration v. Gurdip Singh Uban & Ors. (2000) 7 SCC 296 that applications for recall are filed to avoid filing Review Petitions which are decided by way of circulation. It was held in the said judgment that such applications are not maintainable. The learned counsel further referred to the judgments of this Court in B.K. Pavithra and Others v. Union of India and Others (2020) SCC Online SC 822, Saurabh Chaudri (Dr.)& Ors. v. Union of India & Ors. (2004) 5 SCC 618 and Rashid Khan Pathan : In Re : Vijay Kurle and Others 2020 SCC Online SC 711. It was argued on behalf of the Respondents that the judgment in Jayantilal N. Mistry (supra) was delivered after hearing RBI and ICICI Bank. All the banks were aware of the hearing of the case but did not take any step to get themselves impleaded. The Contempt Petition filed for non- implementation of the directions issued by this Court in Jayantilal N. Mistry (supra) was against the RBI and the Applicants could not have been made parties to the Contempt Petitions. The learned counsel appearing for the Respondents submitted that it is in public interest that the information that was directed to be furnished under the RTI Act by the RBI is revealed. 8. Order XLVII of the Supreme Court Rules, 2013 provides for the remedy of filing application for review. There is no provision in the Supreme Court Rules for filing any application for recall of the judgment of this Court. In Delhi Administration v. Gurdip Singh Uban & Ors. (supra), this Court made it clear that applications filed for clarification, modification or recall are often only a camouflage for review petitions. It was held that such applications should not be entertained, except in extraordinary circumstances. While relying upon this judgment of this Court in Rashid Khan Pathan (supra), this Court was of the opinion that filing applications which are not maintainable amounts to abuse of process of Court. In the said judgment, this Court reiterated the importance of finality of a judgment and held that parties should not be permitted to file applications to reopen concluded judgments of this Court. 9. The learned counsel appearing for the Applicants cited judgments of this Court in their support to distinguish a review from recall. It was argued that a review petition would require consideration of the matter on merits in case there is an error apparent on the face of record. Whereas, recall applications are entertained only in case the judgment is passed without jurisdiction or without an opportunity of hearing being given to the affected party. All the judgments that are cited on this point are cases where petitions for recall were entertained when a person directly affected by the judgment was not heard. In the instant case, the dispute relates to information to be provided by the RBI under the Act. Though the information pertained to the banks, it was the decision of the RBI which was in challenge and decided by this Court. No effort was made by any of the applicants in the miscellaneous applications to get themselves impleaded when the transferred cases were being heard by this Court. The applications styled as recall are essentially applications for review. The nomenclature given to an application is of absolutely no consequence - what is of importance is the substance of the application - M.C. Mehta v. Union of India (2019) 2 SCJ 640. A close scrutiny of the applications for recall makes it clear that in substance, the applicants are seeking a review of the judgment in Jayantilal N.Mistry (supra). Therefore, we are of the considered opinion that these applications are not maintainable.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We make it clear that all questions raised in the Writ Petitions are left open and the order we propose to pass in the miscellaneous applications will not have any bearing on theconsideration of the Writ Petitions on their own merits.8. Order XLVII of the Supreme Court Rules, 2013 provides for the remedy of filing application for review. There is no provision in the Supreme Court Rules for filing any application for recall of the judgment of this Court. In Delhi Administration v. Gurdip Singh Uban & Ors. (supra), this Court made it clear that applications filed for clarification, modification or recall are often only a camouflage for review petitions. It was held that such applications should not be entertained, except in extraordinary circumstances. While relying upon this judgment of this Court in Rashid Khan Pathan (supra), this Court was of the opinion that filing applications which are not maintainable amounts to abuse of process of Court. In the said judgment, this Court reiterated the importance of finality of a judgment and held that parties should not be permitted to file applications to reopen concluded judgments of this Court.All the judgments that are cited on this point are cases where petitions for recall were entertained when a person directly affected by the judgment was not heard. In the instant case, the dispute relates to information to be provided by the RBI under the Act. Though the information pertained to the banks, it was the decision of the RBI which was in challenge and decided by this Court. No effort was made by any of the applicants in the miscellaneous applications to get themselves impleaded when the transferred cases were being heard by this Court. The applications styled as recall are essentially applications for review. The nomenclature given to an application is of absolutely no consequence - what is of importance is the substance of the application - M.C. Mehta v. Union of India (2019) 2 SCJ 640.  A close scrutiny of the applications for recall makes it clear that in substance, the applicants are seeking a review of the judgment in Jayantilal N.Mistry (supra). Therefore, we are of the considered opinion that these applications are not maintainable.