PRESTIGE FEEDMILLS LTD. Vs. K.N. RESOURCES

JUDGEMENT

(1.) Heard on I.A. No.7436/2021, which is an application filed by the Respondent for dismissal of review petition on the ground that no review is maintainable under the provisions of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act of 1996').

(2.) This review petition has been filed under Order 47 Rule 1 read with Sec. 114 of the Code of Civil Procedure, 1908 for review of the judgement dtd. 16/12/2019 passed by this Court in Arbitration Appeal No.21 of 2019.

(3.) Shri Vivek Dalal, learned counsel for the respondent has taken strong exception to the maintainability of this review petition on the ground that no review lies against an order passed in an appeal under Sec. 37 of the Act of 1996. In support of his contention learned counsel has relied upon the Madhya Pradesh Arbitration Rules, 1997 and the attention of this Court has also been drawn to Rule 9 of the aforesaid Rules which provides for the applicability of certain provisions of CPC, and under the aforesaid Rule neither Sec. 114 nor Order 47 are included. Thus, it is submitted that in the absence of any specific provision regarding the maintainability of the review petition, the same is not maintainable.