LYNX INDIA LIMITED Vs. NILMONY ROY

JUDGEMENT

(1.) his revisional application under section 115 of the Code of Civil Procedure ("Code") raises the following question for determination :

(2.) If an application under sections 30 and 33 of the Arbitration Act, 1940 ("Act") is dismissed for default, whether an application under Order 9 Rule 9 read with section 151 of the Code for restoration is maintainable?

(3.) The petitioner herein filed an application under section 14(2) of the Act for judgment in terms of the Award dated February 16, 1993. The said application gave rise to Title Suit No. 496 of 1993 pending in the court of the learned Chief Judge, City Civil Court at Calcutta. In the said suit, the opposite party filed an application under sections 30 and 33 of the Act thereby praying for setting aside the said aware. The said application under sections 30 and 33 of the Act was registered as Miscellaneous Case No. 1984 of 1993. On April 16, 1997, the dated fixed for hearing of the aforesaid Miscellaneous Case, as none appeared for the opposite party, the said case was dismissed for default. The opposite party filed an application under Order 9 Rule 9 read with section 151 of the Code being Miscellaneous Case No. 1372 of 1997 for restoration of the Miscellaneous Case No. 1984 of 1993.