Case Note & Summary
The Supreme Court of India dismissed review petitions filed by Arun Dev Upadhyaya against the judgment dated 10.08.2021 in Civil Appeal Nos. 8345-8346 of 2018 (Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. & Anr.), which had dismissed the petitioner's civil appeals. The review petitioner sought review on the ground that the judgment suffered from errors apparent on the face of the record, including misappreciation of facts and law. The Court, after hearing senior counsel for both sides, found no merit in the review petitions, holding that the review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on the record and cannot be used as a second appeal. The Court noted that the petitioner had merely re-argued the case, which is impermissible in review proceedings. Consequently, the review petitions were dismissed.
Headnote
A) Civil Procedure - Review - Order 47 Rule 1 CPC - Error Apparent on Record - Review petition against dismissal of civil appeals under Section 48 of the Arbitration and Conciliation Act, 1996 - Petitioner sought review on grounds of erroneous appreciation of evidence and law - Court held that review is not an appeal in disguise and no error apparent on record was made out - Held that the review petitions were devoid of merit and dismissed (Paras 1-4).
Issue of Consideration
Whether the judgment dated 10.08.2021 dismissing the civil appeals suffers from any error apparent on the face of the record warranting review under Order 47 Rule 1 CPC.
Final Decision
The review petitions are dismissed.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- not re-argument of the case
- Order 47 Rule 1 CPC
- Section 48 Arbitration and Conciliation Act
- 1996
Case Details
R.P. (C) Nos. 1273-1274/2021 in Civil Appeal Nos. 8345-8346 of 2018
Harish N. Salve (Sr. Adv. for Petitioner), Shekhar Naphade (Sr. Adv. for Respondent No.1)
Integrated Sales Service Ltd. & Anr.
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Nature of Litigation
Review petition against dismissal of civil appeals in an arbitration enforcement matter.
Remedy Sought
Review of judgment dated 10.08.2021 dismissing Civil Appeal Nos. 8345-8346 of 2018.
Filing Reason
Alleged errors apparent on the face of the record in the judgment dismissing the civil appeals.
Previous Decisions
Civil Appeal Nos. 8345-8346 of 2018 were dismissed by judgment dated 10.08.2021.
Issues
Whether the judgment dated 10.08.2021 suffers from any error apparent on the face of the record warranting review under Order 47 Rule 1 CPC.
Submissions/Arguments
Petitioner argued that the judgment suffered from errors apparent on the record, including misappreciation of facts and law.
Respondent opposed the review, contending that no error apparent was made out and the petition was a re-argument of the case.
Ratio Decidendi
Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on the face of the record and cannot be used as a second appeal. Mere re-argument of the case is not a ground for review.
Judgment Excerpts
We have heard Shri Harish N. Salve, Sr. Advocate for the Review Petitioner and Shri Shekhar Naphade, learned Senior Counsel for the Respondent No. 1 and also perused the material on record.
Relevant facts of the present litigation giving rise to the present review petitions are briefly summarized hereunder:
Procedural History
Civil Appeal Nos. 8345-8346 of 2018 were dismissed by judgment dated 10.08.2021. The review petitioner filed R.P. (C) Nos. 1273-1274/2021 seeking review of that judgment. The Supreme Court heard the review petitions and dismissed them.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 47 Rule 1
- Arbitration and Conciliation Act, 1996: Section 48
