Supreme Court to examine if registry can refuse to register curative petition because review plea was heard, dismissed in open court

The Supreme Court recently agreed to examine whether the registry of the Court can refuse to register a curative petition merely because a review petition in the case was heard and dismissed in open court [M/s Brahmaputra Concrete Pipe Industries v. The Assam State Electricity Board]..A division bench of Justices AS Bopanna and Sudhanshu Dhulia appointed Senior Advocate Raju Ramachandran as amicus curiae in the matter..The Court was dealing with an application by a party that had filed curative petitions in the case before the registry. However, the Supreme Court registry had refused to accept and register the curative petition on the ground that review petitions by the applicant were dismissed after hearing the same in open court and that such dismissal was not by circulation..Advocate Anand Sanjay M Nuli, appearing for the applicant, argued before the Supreme Court bench that the conclusion reached by the registry runs contrary to the decision in Rupa Ashok Hurra v. Ashok Hurra and Another (2002). It was also stated that the said issue requires an interpretation of Rule 2(1) Order XLVIII of the Supreme Court Rules 2013.."We have also been apprised at the Bar that there would be many other matters of similar nature, which are liable to be affected by any decision reached by this Court in this case," the Court noted, while posting the matter for further hearing on January 30.Order XLVIII of the Supreme Court Rules 2013 deals with 'curative petition' and provides:"1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of Rupa Ashok Hurra.2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation. (2) A Curative Petition shall be accompanied by a certificate of the Senior Advocate that the petition meets the requirements delineated in the above case. (3) A curative petition shall be accompanied by a certificate of the Advocate on Record to the effect that it is the first curative petition in the impugned matter. 3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition. 4. (1) The curative petition shall be first circulated to a Bench of the three senior-most judges and the judges who passed the judgment complained of, if available. (2) Unless otherwise ordered by the Court, a curative petition shall be disposed of by circulation without any oral arguments but the petitioner may supplement his petition by additional written arguments. (3) If the Bench before which a curative petition was circulated concludes by a majority that the matter needs hearing then it shall be listed before the same Bench, as far as possible. (4) If the Court, at any stage, comes to the conclusion that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner.".[Read Order]