M/S. Hindustan Builders vs Ircon International Ltd
2022 Latest Caselaw 1499 Cal/2

 ORDER                                                                  OD-1

                     IN THE HIGH COURT AT CALCUTTA
                       ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                               RVWO/6/2022
                               AP/374/2020
                       IA NO: GA/1/2022; GA/2/2022


                        M/S. HINDUSTAN BUILDERS
                                 VERSUS
                        IRCON INTERNATIONAL LTD.


BEFORE:
THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA

DATE : 26TH APRIL, 2022


                                                                    APPEARANCE:
                                                        Mr. Sauvik Nandy, Advocate
                                                                 ...for the applicant
                                                    Mr. Raghunath Ghose, Advocate
                                                         Ms. Sebanti Roy, Advocate
                                                               ...for the respondent

The Court:- There is a delay of 24 days in filing the review petition.

Hence, GA/1/2022 has been filed seeking condonation of delay. After hearing

the learned counsel for the parties and on perusing the application, I am

satisfied that the delay has been sufficiently explained and hence a ground is

made out to condone the same. Accordingly, GA/1/2022 is allowed and delay

in filing the review petition is condoned.

Heard on merit. This review petition has been filed by the applicant

in AP No.374 of 2020 which has been dismissed by this court by order dated

28.1.2022.

The review has been sought on the limited ground that this Court

while dismissing AP No.374 of 2020 had placed reliance upon the judgment of

the Hon'ble Supreme Court in the case of United India Insurance Company

Limited vs. Antique Art Exports Private Limited, reported in (2019) 5 SCC 362

but the said judgment was overruled by the subsequent judgment of the

Hon'ble Supreme Court in the matter of Mayavati Trading Private Limited vs.

Pradyuat Deb Burman, reported in (2019) 8 SCC 714.

Paragraph 11 of the judgment in the case of Mayavati (Supra)

clearly states that the judgment in the case of Antique Art Export (Supra) was

overruled as it did not lay down the correct law.

In the order dated 28.1.2022 this Court had placed reliance upon

the judgement of the Hon'ble Supreme Court in the matter of Antique Art

Export (Supra). Judgment in the case of Mayavati (Supra) was not brought to

the notice of the Court when the order under review dated 28.1.2022 was

passed, hence an error apparent on the face of the record has been crept,

which furnishes a ground for review/recall of the order.

Having regard to the aforesaid, the review petition is allowed and

the order dated 28.1.2022 passed in AP No.374 of 2020 is recalled. AP No.374

of 2020 is restored to its original position with direction to list the same

expeditiously before the appropriate Bench as per roster.

(PRAKASH SHRIVASTAVA, C.J.)

sm/akg