Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 17 (RAJ)

Himanshu Enterprise v. State

2011-01-04

PRAKASH TATIA

body2011
JUDGMENT 1. - Heard learned counsel for the applicant on these two applications moved for recalling the orders dated 29.7.2010 passed by the then Chief Justice of this Court in both the arbitration applications on the ground that though the matter has been referred to the Standing Committee but that could not have been referred after filing of the application by the applicant under Section 11 (6). 2. Learned counsel for the applicant relied upon the judgment of the Hon'ble Supreme Court in the case of Datar Switchgears Ltd. v. Tata Finance Ltd. and Anr., reported in (2000) 8 SCC 151 . 3. I considered the submissions of learned counsel for the applicant and perused the facts in the order dated 29.7.2010 passed in both the arbitration applications. 4. It has already been noticed that the arbitration applications were submitted in the Court on 31.10.2008 and 15.9.2008 respectively 2 but they remained on defect side and the defects were removed only in the year 2009 and the matter has already been referred to the Standing Committee and this fact is not disputed by the applicant and no fact has been pleaded that the matter was not referred to the Standing Committee before this applications were filed nor this fact was shown to the Court when the applications were decided by this Court on 29.7.2010. 5. After going through the said judgment, which has already been considered by the then Chief Justice of this Court in order dated 29.7.2010, I am of the view that no case is made out for recalling of the order because of the plain and simple reason that the facts of the case in Datar Switchgears Ltd. (supra) has no application to the present matter which has already been noticed in the order dated 29.7.2010 and the matter has been referred to the Standing Committee by the respondents in both the present cases. 6. In view of the above, there is no merit in these applications and the same are hereby dismissed.Application Dismissed. *******