SPECIAL LEAVE PETITION IN SC

Tilak Marg Forum for Legal Questions Forums Civil Law SPECIAL LEAVE PETITION IN SC

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    • #1518

      Sir, Namaste. I am guiding a group of PSU Bank retirees who have lost their case for Pension in the High Court. The pleadings were not very coherent and properly structured. However, the Rejoinder to the Respondent’s(PSU Bank) reply covers all the grounds which are quite strong & also correct. Now, it is decided to approach the SC with a SLP & a different Lawyer has been fixed. I am unhappy with the SLP prepared by him. I am worried about the SLP not being admitted by SC. In such a scenario, what is the recourse available to these Petitioners. Is it the end of the road even though they have a strong case. My worry is that it was not properly pleaded in the High Court though the Rejoinder covered all the strong & valid points. Please let us know what can be done if the Hon SC rejects the SLP ab initio.
      Thanks & Regards.
      Kalyanasundaram Raja

    • #1526

      From your question, it appears that the SLP is yet to be filed in the Supreme Court though it has been prepared. Since you have stated that you are not happy with the drafting of the SLP, I would suggest you to get it drafted properly through some good advocate. Usually, SLP is the last chance to undo injustice done at the lower levels of judiciary. This chance should not be lost casually. Once the SLP is rejected, either at the notice stage or after a detailed hearing (after grant of leave in SLP, thereby converting it into a regular civil appeal), the only remedy then available would be to file a review petition followed by a curative petition in the Supreme Court. But, my experience in the Supreme Court has been that the success rate of winning in a review petition or curative petition has been so negligent historically that the probability of success in such petitions would be almost zero. I have given detailed reasons for almost no chance in review petition or curative petition in my article: Success Rate of Review Petition and Curative Petition in Supreme Court. Please read it.

      In view of these reasons, it would be advisable to put in the best possible efforts in the SLP stage itself. So, get it drafted properly if you are unhappy with the present drafting, as you have mentioned. Right now, the Supreme Court is having vacation and will be reopening on 3rd July 2017. So, you have some time left to engage another advocate, if needed, and get it redrafted.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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