MAHARASHTRA EXPLOSIVES LIMITED Vs. SADIQ & COMPANY

JUDGEMENT

(1.) This civil revision application is preferred by the original defendant in M.J.C. No. 48 of 1988 questioning the correctness of the order dated 7-1-1991 revoking the earlier order dated 9-10-1990.

(2.) The applicant Company had awarded a contract of construction of buildings and magazines at Kelzar, District Wardha to the non-applicant Firm on 15-3-1983. There was a term of arbitration in the original contract. Owing to certain dispute at the time of final payment, the proceedings under section 8 of the Arbitration Act for appointment of Arbitrator was filed by the non-applicant Firm in the Court of the Civil Judge, Senior Division, Nagpur. The present applicant filed application for dismissal of the application under section 8 of the Arbitration Act as the dispute was already referred to the Arbitrator M/s. Pheroze Kudianwalla Consultants and Engineers (P) Ltd., and the Arbitrator had passed an award in a meeting dated 16th May, 1987. It appears that no say to the above application was filed by the non-applicant and acting on the averments made in the application and documents place therewith, the trial Court allowed the application and dismissed the proceedings by order dated 9-10-1990.

(3.) On the same day i.e. 9-10-1990 an application for revoking of the aforesaid order came to be filed by the non applicant, on the ground that the order was passed through oversight. The applicant objected to the said application on the ground that an application for revocation was not maintainable once the matter was disposed of in its entirety. However, the trial Court allowed the said application and restored the main application. It is against this order dated 7-1-1991 the present revision application is filed by the original defendant.