SARADA CONSTRUCTION Vs. BHUPENDRA PRAMANIK

JUDGEMENT

(1.) This Court had passed an order dated August 18, 2022, in A.P. 731 of 2019 [hereinafter referred to as the 'impugned order'] for appointment of an arbitrator under Sec. 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'].

(2.) At this instant, this Court has received an application for review of the impugned order from respondent nos. 7, 8 and 9 namely Panch Leaf Developer Private Limited along with two of its directors Prashant Gupta and Hamjal Mondal. The above named respondents hereinafter are collectively referred to as 'review applicants'.

(3.) The review applicants seek to challenge the impugned order which was purportedly passed without considering arbitrability of the matter and especially the fact that the review applicants were not represented in the same. Additionally, the review applicants also seek condonation of delay under Sec. 5 of the Limitation Act, 1963 on grounds of ill- health of respondent no. 8 who looked after the day-to-day affairs of the company that is respondent no. 7. The counsel for the review applicants prays that there was no wilful delay in filing of the review petition.