SIMPLEX INFRASTRUCTURE LTD Vs. ENERGO ENGINEERING PROJECTS LTD

JUDGEMENT

(1.) This is a review petition filed by the Applicant/Petitioner, Simplex Infrastructure Limited, seeking review of the order dated 10th December 2015 passed by this Court in OMP (I) (Comm) No. 55 of 2015.

(2.) The background to this review application is that the Petitioner filed the aforementioned petition under Section 9 of the Arbitration & Conciliation Act, 1996 ('A&C Act') seeking certain interim reliefs against Respondent No. 1, Energo Engineering Projects Limited. However, the said petition was dismissed on 10th December 2015 on merits holding that there is no valid arbitration agreement between the parties. In the said order it was held as under:

(3.) The ground on which the review is sought in the said order is that at the time when the Court passed the said order it did not have jurisdiction to entertain and hear the petition under Section 9 of the A&C Act. Therefore, there is an error apparent on the face of record.