JUDGMENT : 1. A very interesting point is raised in this review application. It seeks review of the judgment and order dated 15th June 2016 passed by a Division Bench of this court. 2. The applicant’s special leave petition was dismissed by the Supreme Court on 28th November 2016 by the following words: “We do not find any merit in this petition. The special leave petition is, accordingly, dismissed.” 3. Two authorities of the Supreme Court Kunhayammed & Ors. v. State of Kerala & Anr. reported in (2000) 6 SCC 359 and Khoday Distilleries Limited (now known as Khoday India Limited) & Ors. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited, Kollegal (under Liquidation) represented by the Liquidator reported in (2019) 4 SCC 376 , inter alia, lay down the dicta that if a special leave petition is dismissed without reason, an application for review lies before the court below. If the order dismissing the said petition is with reasons, the finding of facts bind the parties, barring review. 4. The question before us is whether the observation of the highest court – “We do not find any merit”– amounted to dismissal of a special leave petition with reasons, so as to forfeit the right of the applicant to seek review. We note that Kunhayammed & Ors. v. State of Kerala & Anr. reported in (2000) 6 SCC 359 was affirmed by the same court in Khoday Distilleries Limited (now known as Khoday India Limited) & Ors. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited, Kollegal (under Liquidation) represented by the Liquidator reported in (2019) 4 SCC 376 . Each of the judgments was delivered by a bench comprising of three Hon’ble Judges. In paragraph 40 of the Kunhayammed’s case, the Supreme Court has specifically said: “the dismissal of a special leave petition with the observation dismissed on merits would remain a dismissal by a non-speaking order.” Therefore, this review application is prima facie maintainable. 5. We admit the review application by condoning the delay and allowing the section 5 application (CAN No.948 of 2017) holding that there was sufficient cause. 6. We direct the applicant’s advocate-on-record to file informal paper books by 27th September 2019 serving at least one copy thereof on the advocate-on-record for the respondents, not later than seven days before the date of hearing of the appeal. 7. 6. We direct the applicant’s advocate-on-record to file informal paper books by 27th September 2019 serving at least one copy thereof on the advocate-on-record for the respondents, not later than seven days before the date of hearing of the appeal. 7. List the review application (RVW No.18 of 2017) before the appropriate bench. All points, including the maintainability point, of the review application are kept open.