TVS MOTOR COMPANY LIMITED Vs. SINGHVI ENGINEERS

JUDGEMENT

(1.) The matter comes up on an application for recalling/review of the order dated 16.09.2019 passed by this Court in S.B. Civil Misc. Appeal No.398/2004, whereby this Court had dismissed the Civil Misc. Appeal against the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act of 1996) on account of the fact that final arbitration award has been passed on 31.01.2006.

(2.) Mr. K.V. Vishwanathan, learned Senior Counsel assisted by Mr. Anil Kaushik and Mr. Sajjan Singh Rajpurohit, for the applicant-appellant has relied upon the precedent laws laid by the Hon'ble Apex Court in Ultratech Cement Limited Vs. Rajasthan Rajya Vidyut Utpadan Nigam Limited reported in (2018) 15 Supreme Court Cases 210, the relevant portion whereof reads as follows:

(3.) Learned Senior Counsel for the applicant-appellant has further relied upon the precedent law down by the Hon'ble Apex Court in Indus Mobile Distribution Private Limited Vs. Datawind Innovation Private Limited reported in (2017) 7 Supreme Court Cases 678, relevant portion whereof is reproduced hereunder: