Case Note & Summary
The present review petition was filed by Electronics & Controls Power Systems Private Limited under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking review of an order dated 20.11.2012 passed in CMP No. 15/2012. The original petition was filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, for appointment of a sole arbitrator to adjudicate disputes arising from two agreements dated 29.09.2006 between the petitioner and the respondent, WeP Peripherals Limited. The petitioner was engaged in the business of design, development, manufacture, and sale of uninterruptible power systems and related components, while the respondent was in the business of computer peripherals and printers. The parties had entered into a Business Partnership Agreement on 29.09.2006. The order sought to be reviewed was passed on 20.11.2012, dismissing the application for appointment of an arbitrator. The review petition was filed with a delay of 1495 days. The court noted the inordinate delay and observed that the petitioner had not provided any sufficient cause to condone the delay. Consequently, the court dismissed the review petition as barred by limitation, without examining the merits of the review grounds.
Headnote
A) Civil Procedure - Review - Delay Condonation - Order 47 Rule 1 read with Section 114 CPC - The review petition was filed with a delay of 1495 days against an order dismissing an application under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 - The court held that the petitioner failed to provide any sufficient cause for the inordinate delay and dismissed the review petition as barred by limitation (Paras 1-4).
Issue of Consideration
Whether the review petition filed with a delay of 1495 days should be entertained and whether sufficient cause for the delay has been shown.
Final Decision
The review petition is dismissed as barred by limitation due to the inordinate delay of 1495 days and lack of sufficient cause for condonation.
Law Points
- Order 47 Rule 1 CPC
- Section 114 CPC
- Section 11(5) and (6) of the Arbitration and Conciliation Act
- 1996
- Limitation Act
- 1963
- Condonation of Delay
Case Details
2019 LawText (KAR) (08) 13
Review Petition No.38/2017 in CMP No.15/2012
Sivaramakrishnan M S (for petitioner), K G Raghavan (Senior Counsel) and K V Sathish (for respondent)
Electronics & Controls Power Systems Private Limited
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Nature of Litigation
Review petition against dismissal of application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Remedy Sought
Review of order dated 20.11.2012 in CMP No.15/2012 dismissing the application for appointment of sole arbitrator.
Filing Reason
The petitioner sought review of the order dismissing its application for appointment of arbitrator, but filed the review petition with a delay of 1495 days.
Previous Decisions
The original application under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 was dismissed on 20.11.2012.
Issues
Whether the review petition filed with a delay of 1495 days should be entertained.
Whether sufficient cause for the delay has been shown.
Submissions/Arguments
The petitioner argued for review of the order dated 20.11.2012.
The respondent opposed the review petition on the ground of inordinate delay.
Ratio Decidendi
A review petition filed with an inordinate delay of 1495 days without any sufficient cause cannot be entertained and is liable to be dismissed as barred by limitation.
Judgment Excerpts
The present review petition is filed by the review petitioner under Order 47 Rule 1 read with Section 114 of CPC to review the order dated 20.11.2012 made in CMP No. 15/2012 dismissing the application filed under the provisions of Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996.
There is a delay of 1495 days in filing the review petition.
Procedural History
The original petition CMP No.15/2012 was filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator. The petition was dismissed on 20.11.2012. The review petition was filed on an unspecified date with a delay of 1495 days. The court heard the matter on 22.08.2019 and dismissed the review petition.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 47 Rule 1, Section 114
- Arbitration and Conciliation Act, 1996: Section 11(5), Section 11(6)
