SIEMENS LIMITED Vs. MADHYANCHAL VIDYUT VITRAN NIGAM LTD.

JUDGEMENT

(1.) Re: Civil Misc. Delay Condonation Application No. 1 of 2019 & Re: Civil Misc. Review Application No. 2 of 2019.

(2.) The present review application has been filed by the Madhyanchal Vidyut Vitran Nigam Ltd. (herein referred to as the 'opposite party') being opposite party no.1 in Arbitration and Conciliation Application U/S 11(4) No. 5 of 2019. For ready reference, the relevant part of the order dated 08.05.2019, is quoted herein:

(3.) At the outset, Sri Khanna, learned Senior Advocate appearing for M/s Siemens Limited (herein referred to as the 'claimant'), has raised a preliminary objection as to the maintainability of the review application. It is his submission that the application is not maintainable in law. The Arbitration Act being a complete code, there is no inherent or other power of review. No such application may be entertained in absence of a specific provision. Second, it has been submitted that in any case, the order dated 08.05.2019 being a consented order, no application for review would lie against the same. Third, he has also objected to the delay in filing the present review application. In view of the preliminary objections raised, it is considered desirable that the same may be first dealt with before proceeding to hear the substantive grounds of review.