Case Note & Summary
The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking recall of an order dated 11th September 2015 passed by the Bombay High Court in Arbitration Petition No.1544 of 2015. That arbitration petition was filed by the respondent, S.A. Enterprises, under Sections 27(1) and 27(2) of the Arbitration and Conciliation Act, 1996, praying for an order directing the review petitioner to provide access and inspection to the entire claim file and for issuance of witness summons to three persons including two surveyors. At the threshold, the respondent raised an issue of maintainability of the review petition on the ground that there is no provision under the Arbitration and Conciliation Act, 1996 which permits filing of a review petition. The court considered this preliminary objection and held that since the Arbitration and Conciliation Act, 1996 does not contain any provision for review, the review petition is not maintainable. The court dismissed the review petition.
Headnote
A) Arbitration Law - Maintainability of Review Petition - Sections 27(1), 27(2) Arbitration and Conciliation Act, 1996 - The court held that there is no provision under the Arbitration and Conciliation Act, 1996 which permits filing of a review petition. The review petition filed under Section 114 CPC was dismissed as not maintainable. (Paras 1-2)
Issue of Consideration
Whether a review petition is maintainable against an order passed under Sections 27(1) and 27(2) of the Arbitration and Conciliation Act, 1996
Final Decision
The review petition is dismissed as not maintainable.
Law Points
- Review petition not maintainable under Arbitration and Conciliation Act
- 1996
- Section 114 CPC not applicable to arbitration proceedings
- Order 47 Rule 1 CPC not applicable
Case Details
2015 LawText (BOM) (10) 115
Review Petition (L) No.51 of 2015 in Arbitration Petition No.1544 of 2015
Mr. Y.C. Naidu a/w Ms. Veena Shankar i/by Mr. Asim S. Vidyarthi for the petitioner, Mr. Shabbir Kapadia for the respondent
M/s. National Insurance Company Limited
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Nature of Litigation
Review petition against an order passed in an arbitration petition under Sections 27(1) and 27(2) of the Arbitration and Conciliation Act, 1996
Remedy Sought
Recall of order dated 11th September 2015 and dismissal of the arbitration petition
Filing Reason
The review petitioner sought recall of the order passed in the arbitration petition on the ground that the order was erroneous
Previous Decisions
Order dated 11th September 2015 passed by this Court in Arbitration Petition No.1544 of 2015
Issues
Whether a review petition is maintainable against an order passed under Sections 27(1) and 27(2) of the Arbitration and Conciliation Act, 1996
Submissions/Arguments
The respondent submitted that there is no provision under the Arbitration and Conciliation Act, 1996 which permits filing of a review petition, hence the review petition is not maintainable.
Ratio Decidendi
The Arbitration and Conciliation Act, 1996 does not contain any provision for review of orders passed under the Act. Therefore, a review petition under Section 114 CPC is not maintainable.
Judgment Excerpts
By this review petition filed under Section 114 of the Civil Procedure Code, 1908, the petitioner seeks recall of the order dated 11th September 2015 passed by this Court in arbitration petition which was filed by the respondent herein under Sections 27(1) and 27(2) of the Arbitration and Conciliation Act, 1996
At the threshold, learned counsel appearing for the respondent herein (original petitioner) raises an issue of maintainability of this review petition on the ground that there is no provision under the Arbitration and Conciliation Act, 1996 which permits filing of a review petition.
Procedural History
The respondent filed Arbitration Petition No.1544 of 2015 under Sections 27(1) and 27(2) of the Arbitration and Conciliation Act, 1996. This Court passed an order on 11th September 2015. The review petitioner filed Review Petition (L) No.51 of 2015 under Section 114 CPC seeking recall of that order. The respondent raised a preliminary objection as to maintainability.
Acts & Sections
- Arbitration and Conciliation Act, 1996: 27(1), 27(2)
- Code of Civil Procedure, 1908: 114
