LAWS(ALL)-2023-12-27

DOCKET CARE SYSTEMS LKO. Vs. UNION OF INDIA

Decided On December 14, 2023
Docket Care Systems Lko. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. Madhusudan Srivastava, Mr. Sudeep Kumar, learned Counsel representing the review applicant and Mr. Rajesh Tewari, Mr. Vaibhav Tewari, Mr. Ritwick Rai, learned Counsel representing the respondents.

(2.) The review applicant has filed the present application under Chapter-V, Rule 12 of the Allahabad High Court Rules read along with Order XLVII Rule 1 of the Civil Procedure Code, seeking review of the judgment/order dated 10th of October, 2023 passed by this Court in Writ-C No. 8012/2023 (M/s Docket Care Systems V/s Union of India Others), wherein this Court had passed the following order :

(3.) This Court may not be unnecessarily detained with enumerating the detailed facts of the present case, suffice to say that this Court finds that the review of the aforesaid judgment/order dated 10th of October, 2023 has been sought by the review applicant on the ground that there is an error apparent on the face of record as this Court without appreciating the judgement passed by the Apex Court in Jharkhand Urja Vikas Nigam Limited V/s State of Rajasthan and Ors. (2021) 4 SCC 476 has relegated the review applicant to alternative remedy as available under the provisions of Arbitration and Conciliation Act, 1996. Further ground has been urged relating to the manner in which the MSME Council has passed the award dated 7th of October, 2023 during the pendency of the Writ-C- No. 8012 of 2023 and the liberty/opportunity not having been provided to the review applicant to amend the said writ on the ground of availability of alternative remedy.