Union of India v. M/S ELNET TECHNOLOGIES LTD. & ANR

1. The present review petition has been filed by the petitioner under Section 114 read with Section 151 CPC for recalling of the final judgment passed by this Court on 6th February, 2013.

2. Admittedly, the impugned judgment was passed on merits. It is also the admitted position that the counsel who appeared on behalf of the petitioner at that time, was unable to argue the matter, thus the Court had no other option but to pass the order on merits.

3. Learned counsel for the review-petitioner has stated that the review petition is maintainable against the dismissal of the objections under Section 34 of the Arbitration and Conciliation Act, 1996. He has also admitted that no appeal against the impugned judgment has been preferred by the petitioner.

4. The only ground mentioned in the review petition is that the counsel who appeared at that time could not provide the effective assistance to the Court as he was under the bonafide impression that the matter was listed for limited purposes. In any case, at the time of 2015:DHC:10421 O.M.P. No.417/2005 hearing of the review petition, the learned counsel for the petitioner has not disputed the fact that the matter has been decided on merits. I am of the considered view that the ground raised in the application, which is the subject matter of the review, does not call for recalling of the impugned judgment.

5. The review petition is accordingly dismissed.

JUDGE DECEMBER 21, 2015