Major Abhishek Tiwari vs Board Of Directors Wealth Mantra ...
2022 Latest Caselaw 20079 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 162 of 2022
 

 
Applicant :- Major Abhishek Tiwari
 
Opposite Party :- Board Of Directors Wealth Mantra Ltd, Alignaj, Lucknow
 
Counsel for Applicant :- Brajendra Kumar Tiwari
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard learned counsel for the applicant.

This review application has been filed alleging that the appeal under Section 11(4) No.27 of 2019 (Major Abhishek Tiwari Vs. Board of Directors Wealth Mantra Ltd. Aliganj, Lucknow) has been decided hurriedly by this Court as Misc. Application No.767222 of 2021 dated 12.07.2021 was pending before the Court for orders which was not noticed by the Court.

This Court has perused the Application No.767222 of 2021 stated to have been filed on 12.07.2021, a hard copy of which was provided to the Court by learned counsel for the applicant.

It is an application for verification of the signatures of the appellant made in the appeal, E-mail details mentioned at page no.152 of the appeal as well E-mail ID mentioned at page 153 and at page 183, page 95 and paragraph 4 of the appeal from a reputed and just scientific laboratory as per the satisfaction of this Court.

The affidavit filed in support of such application is that of Smt. Sadhana Tiwari wife of Mr. B.K. Tiwari that is the counsel for the appellant and mother of the appellant saying that the respondent company deliberately operated the trading account of the applicant without his knowledge as well as his advise and fraudulently put the signatures of the appellant at various places and misused his E-mail ID [email protected]

When this Court was hearing the appeal against the order passed by the District Judge, no such argument as raised today in the review petition, was made by learned counsel for the appellant. He had not referred to his application dated 12.07.2021 for verification of signatures of the appellant Abhishek Tiwari by a forensic laboratory. It is not open now for the learned counsel for the appellant to say that the Court did not notice the application dated 12.07.2021 and did not pass any order thereon and the application remained pending therefore, the judgment and order dated 05.03.2020 be reviewed.

It is well settled by Hon'ble Supreme Court that once the matter is argued on certain points and judgment is reserved and the attention of the Court is not drawn towards any other papers filed along with the pleadings, it is not open for the counsel for the parties to seek review or to file an appeal on the ground that certain arguments made or pleadings referred to or annexures or applications filed, have not been noticed by the Court while dictating its judgment.

Moreover, this Court while dismissing the appeal under Section 11(4) No.27 of 2019 had referred to the judgments of the Supreme Court regarding limited jurisdiction while sitting in appeal over the award of the Arbitrator made under the Arbitration and Conciliation Act, 1996 as amended, and against the order passed under Section 37 by the District Judge.

The review application is rejected as devoid of merits.

Order Date :- 6.12.2022

Vivek Kr.