Sri Swami Krishnanand Govindanand vs M.D. Oswal Hosiery (Regd.) on 20 February, 2002
12. The senior counsel for the respondent/review applicant has contended
that the reply given by the counsel/senior counsel for the respondent to the
queries raised by the Court during the hearing of the appeal, on the spur of
the moment, cannot bind the respondent/review applicant particularly when
the same relates to the factual/legal position and of which the counsel/senior
counsel for the respondent was not expected to be aware, since the appeal
was concerned only with the aspect of territorial jurisdiction of this Court.
R.P. No.316/2014 in FAO(OS) No.144/2014 Page 5 of 15
Reliance in this regard is placed on Swami Krishnanand Govindanand Vs.
M.D. Oswal Hosiery (Regd.) (2002) 3 SCC 39 in para 3 whereof it is
observed that though there can be no doubt that admission of a party is a
relevant material but the statement made by the counsel of a party across the
Bar, cannot be treated as an admission.