NIRMA LTD. versus M/S. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.

NIRMA LTD. versus M/S. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.

Special Leave Petition was dismissed as an efficacious alternate remedy by way of revision in the High Court is available, and mere bar of second appeal does not extinguish revision remedy.

Parties
Petitioner: NIRMA LTD.; Respondents: MIS. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.
Jurisdiction
India
Judgment Date
14 January 2002
Procedural Posture
Special Leave Petition (civil) / Dismissal of SLP at Supreme Court; Permission to File Revision Before High Court
Outcome
Petition dismissed
Legal Topics
Maintainability of Revision Under Section 115 CPC, Bar on Second Appeal Under Section 37(3) of Arbitration Act, Alternate Remedy
Arbitration Civil Procedure Maintainability of Revision Under Section 115 CPC Bar on Second Appeal Under Section 37(3) of Arbitration Act Alternate Remedy

Case Brief

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Parties

NIRMA LTD.

Petitioner

MIS. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.

Respondents

Procedural Posture

Special Leave Petition (civil) / Dismissal of SLP at Supreme Court; Permission to File Revision Before High Court

Legal Issues

  1. 1 Whether revision before High Court is maintainable when second appeal is barred under Section 37(3) of the Arbitration and Conciliation Act, 1996
  2. 2 Whether SLP should be entertained where alternate remedy exists

Ratio Decidendi

Special Leave Petition was dismissed as an efficacious alternate remedy by way of revision in the High Court is available, and mere bar of second appeal does not extinguish revision remedy.

Court Disposition

Petition dismissed

Orders

  • Petitioner may file a revision before the High Court
  • Petitioner entitled to exclusion of time spent in Supreme Court in calculating limitation