Review Application Maintainable Despite Execution of Remand Order: Allahabad High Court Upholds Right to Seek Review

In a significant ruling dated 26^th April 2024, the Allahabad High Court, presided by Hon’ble Justice Kshitij Shailendra, addressed the complex legal issues surrounding the maintainability of a review application in a trademark dispute involving M/S. M.M.I. Tobacco Pvt. Ltd. The case, identified under CIVIL MISC REVIEW APPLICATION No. – 417 of 2023, dealt with a review application filed against a remand order which had been executed, raising pivotal questions on procedural and substantive law.

The court examined the provisions under Section 114 and Order XLVII Rule 1 of the Code of Civil Procedure, 1908, which govern the filing and hearing of review applications. Justice Shailendra delved into the principles surrounding the review jurisdiction of the court, particularly when a remand order has been executed and an appeal is subsequently filed against the new order passed by the trial court.

M/S. M.M.I. Tobacco Pvt. Ltd. Sought review of a judgment that allowed an appeal and remanded the matter back to the trial court for fresh consideration. The trial court had re-decided the injunction application, leading to a subsequent appeal which was connected with the review application. The central issue was whether a review application becomes infructuous when the order it challenges has been executed and a new appeal is in place.

The court overruled the preliminary objections regarding the maintainability of the review application. It held that the procedural advancements, including the execution of the remand order, do not negate the intrinsic right to seek a review. The court emphasized that the application for review was filed prior to the disposal of the injunction application and was still pending, thus maintaining its efficacy.

On the merits of the review, the court found no error apparent on the face of the record in the original order dated 07.08.2023. It reaffirmed the notion that review is not an appeal in disguise and is primarily meant for rectifying patent errors only. The court meticulously analyzed the claims of “prior user” and material concealment by the respondent but concluded that these did not constitute errors apparent requiring a review of the remand order.

The court dismissed the review application on merits while leaving all contentions open for argument in the connected appeal, emphasizing the importance of adhering to judicial processes and the limited scope of review jurisdiction.

Conclusion: This decision underscores the judiciary’s cautious approach in exercising its review powers, especially in complex commercial litigation scenarios involving procedural intricacies.

Date of Decision: 26^th April 2024

M/S. M.M.I. Tobacco Pvt. Ltd. And Another vs. Iftikhar Alam