Review petiton against judgement


My question is :-

1.What are the remedies/recourse left to the aggrived party against the judgement/order dismissing objection under section 34 of Arb And Conciliation Act 1996 by Single Judge of High Court. ?

2. Can the aggrived party file review against the order/judgement of single judge before the single judge ?

3. Is the review maintainable ?

4. Doesnt section 37 of Arb & Con Act 1996 prohibits review ?

5. Does CPC allows review ?

6. Can the aggrived party simultaneously file appeal before division bench as FAO. ?

 

 

Kindly elaborate with case laws/sections/acts

 

Regards Neel

 
Reply   
 

1 & 5. your remedies lie in the manner of filing of Review and appeal both. it is advisable to file review first, and before expiry of the period of limitation for appeal, you should also file appeal against the order.

2. review has to be filed before the same judge who passed the order pointing out the errors apparent on the face of the order, setting out therein the ground raised by you at the argument of the case before him which has not been decided by the judge. Establish before the bench that, the order is not the reasoned one, and that,the material fact and point has been left un-decided, therefore review.

3. as per the judgment of the supreme court in the matter of Mohd. Akram it has been held that, if any point pressed at the time of argument, has not been considered, the aggrieved party has to file an application u/s 151 of the CPC before the same authority/judge, who shall pass an appropriate order including an order of review.

4. section 151 of the CPC confers inherent powers on the court to pass appropriate order to prevent abuse of process of law, and to render justice, and the high court excercing wide powers to render justice if substantiated strongly before the court.

 
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