T.E. Thomson Review Dismissed by Calcutta HC

Authority: High Court at Calcutta (Civil Appellate Jurisdiction)

Order Date: 30 June 2026

Case Overview

• Parties: Appellant T. E. Thomson and Company Ltd.; Respondent Rajshri Productions Pvt. Ltd.
• Applications: RVWO/22/2026 and RVWO/23/2026 seeking review of the judgment and order dated 20 April 2026 (APO/25/2025 and APD/1/2025) which had set aside a decree for eviction and mesne profit on jurisdictional grounds under the Commercial Courts Act, 2015.
• Delay: Both applications were filed 54 days late; condonation applications IA No.GA/1/2026 (RVWO/22/2026) and GA/1/2026 (RVWO/23/2026) were unopposed and granted.
• Legal Contentions: The appellant argued that a subsequent Supreme Court judgment (Balaji Industrial Engineering Ltd. vs Steel Authority of India Ltd., Civil Appeal No. 006873 of 2026, decided 22 April 2026) overruled the earlier view on the “same judge” theory and should permit review. The respondent contended that a later binding precedent does not constitute a ground for review under Order XLVII of the CPC.

Final Outcome

• The Court held that, per the Supreme Court’s pronouncement, a review is not maintainable when a later judgment overturns the legal proposition on which the original order was based.
• Accordingly, RVWO/22/2026 and RVWO/23/2026, together with the condonation applications, were dismissed without any order as to costs.

Topics: Judicial Review, Commercial Courts Act