SC reiterates prima facie view that second SLP cannot be filed if first SLP was dismissed without any reasons or was withdrawn

The Supreme Court in the case NF Railway Vending and Catering Contractors Association Lumding Division v. Union of India & Ors observed and has reiterated its prima facie view that in cases where a special leave petition, SLP was dismissed by way of a non-speaking order or withdrawal, the remedy for filing a fresh SLP does not exist.

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The bench comprising of Justice Dipankar Datta and Justice Prashant Kumar Mishra was hearing the present matter.

The bench in the case observed and has reiterated its disagreement with the views taken by a Division Bench of the Supreme Court in case S Narahari and Ors. v. SR Kumar and Ors., citing the case of M/s. Upadhyay & Co. v. State of Uttar Pradesh.

The bench stated that the said case clearly established that the principles as stated under Order 23 Rule 1 of the Civil Procedure Code, CPC, which govern the withdrawal of suits, also apply to SLPs which are filed before the Supreme Court.