Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 1251 (MP)

IIDC Limited v. Soni Ispat Limited

2014-09-30

S.K.GANGELE, S.K.PALO

body2014
JUDGMENT 1. Heard on IA No. 238/2014 an application for condonation of delay in filing this review petition. Considering the fact that an SLP was filed before Hon'ble the Supreme Court and in the aforesaid SLP liberty was granted to approach the High Court for filing review petition, the application is allowed and delay in filing of this review petition is hereby condoned. 2. Heard on merits. 3. This review petition has been filed for review of the order dated 29/7/2009 passed by the learned Single Judge in Arbitration Case No. 2/2007. By the aforesaid order the learned Judge appointed an arbitrator and passed the following order : "In this view of the matter, instead of the Chairman, MP Audhogik Kendra Nigam (Gwalior) Limited, I appoint Justice Sheela Khanna (Retd.) of this Court to resolve the dispute within 11 months from the date on which the claim is submitted by the applicant before the Arbitrator. The Arbitrator shall be entitled for Rs. 10,000/-(Rupees Ten Thousand) per hearing. The applicant shall deposit the said fees in advance before every date of hearing. The applicant shall submit his written claim alongwith a sum of Rs. 10,000/- towards the fees of the Arbitrator for that date and thereafter the Arbitrator shall issue notice. With the aforesaid, application stands disposed of." 4. It is submitted by learned counsel for the petitioner that earlier the matter was referred to the arbitrator in accordance with the arbitration clause and the arbitrator had passed the order, hence, there was no occasion to make reference to the arbitration again. 5. We have perused the record of Arbitration Case No. 02/2007. Clause 32 of the lease deed prescribes arbitration which reads thus : "In the event of any dispute arising between the parties in respect of the deed or on any matter whatsoever connected, therewith, except in respect of the matters on which decision of the Managing Director is declared hereunder as final and binding on the lessee, the same shall be referred to the arbitration of the Chairman, M.P. Audyogik Kendra Vikas Nigam (Gwalior) Limited, Gwalior whose decision thereon shall be final and binding on the parties." 6. In accordance with the aforesaid clause, the matter was referred to the President, Madhya Pradesh Audhyogik Vikas Nigam, Gwalior and he had passed an order. This fact has not been considered by the learned Single Judge while appointing arbitrator. 7. In accordance with the aforesaid clause, the matter was referred to the President, Madhya Pradesh Audhyogik Vikas Nigam, Gwalior and he had passed an order. This fact has not been considered by the learned Single Judge while appointing arbitrator. 7. Hon'ble the Supreme Court in the case of Kamlesh Verma Vs. Mayawati and others, (2013) 8 SCC 320 , has laid down the following principle with regard to maintainability of review petition : "(i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (ii) Mistake or error apparent on the face of the record; (iii) Any other sufficient reason. The words "any other sufficient reason" have been interpreted in Chhajju Ram, (1921-22) 49 IA 144 and approved by this Court in Moran Mar Basselios Catholicos, AIR 1954 SC 526 to mean "a reason sufficient on grounds at least analogous to those specified in the rule" 8. In this view of the matter and in view of the principles laid down by Hon'ble the Supreme Court in the aforesaid judgment, this review petition is allowed. Order dated 29/7/2009 passed by the learned Single Judge in Arbitration Case No. 02/2007 sought to be reviewed is hereby recalled and the matter is remanded back to the learned Single Judge to decide the aforesaid arbitration case afresh after considering all aspects of the matter. 9. No order as to costs.