Aussee Oats Milling (Private) Limited vs Future Consumer Limited and others – CA Case No: RII/06/2022-2025

In the matter of Future Consumer Limited (Petitioner-Respondent) versus Aussee Oats Milling (Private) Limited (1st Respondent-Petitioner), the application for restitution in integrum/revision under Article 138 of the Constitution was considered. The core issue involved the challenge to a Commercial High Court order by the 1st Respondent-Petitioner, who claimed a denial of the right to be heard. It was determined that the 1st Respondent-Petitioner failed to utilize a granted hearing date and had an available alternative remedy of appeal to the Supreme Court under Section 5(2) of the High Court of the Provinces (Special Provisions) Act No. 10 of 1996, which was not exhausted. Consequently, the application for restitution in integrum was dismissed, and interim reliefs were dissolved, with cos