Jammu And Kashmir Power ... vs M/S. Kec International Ltd
2021 Latest Caselaw 1629 j&K

                                                                Sr. Nos. 7 & 56


     HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                      AT JAMMU

CJ Court


1.    Case: RP No. 25 of 2021

Jammu and Kashmir Power Development
(P.D.D) Department
                                                     .....Appellant/Petitioner(s)
                              Through :- Sh. Amit Gupta, AAG

                        v/s

M/s. KEC International Ltd.                                    .....Respondent(s)

                              Through :- Sh. Rahul Sharma, Advocate


2.    Case: RP No. 26 of 2021

Jammu and Kashmir Power Development
Department
                                                     .....Appellant/Petitioner(s)
                              Through :- Sh. Amit Gupta, AAG

                        v/s

M/s. KEC International Ltd.                                    .....Respondent(s)

                              Through :- Sh. Rahul Sharma, Advocate.


3.    Case: RP No. 27 of 2021

Jammu and Kashmir Power Development
Department
                                                     .....Appellant/Petitioner(s)
                              Through :- Sh. Amit Gupta, AAG

                        v/s
M/s. KEC International Ltd.                                    .....Respondent(s)

                              Through :- Sh. Rahul Sharma, Advocate.
                                        2                 RP Nos. 25, 26 & 27 of 2021




       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                    ORDER

01. Heard Sh. Amit Gupta, learned Additional Advocate General appearing

for the petitioner.

02. The petitioner has moved these applications for review of the judgment

and order dated 21.11.2021 by which three appeals filed under Section 37 of

the Arbitration and Conciliation Act, (hereinafter for short 'the Act') were

dismissed holding that the petitions filed under Section 34 of the Act were

time barred.

03. Sh. Amit Gupta, learned counsel submits that the court in dismissing the

appeals has made certain remarks which are prejudicial to the working of the

officers of the Government and the Corporation and, as such, the review is

limited for the expunction of the said remarks.

04. The offending remarks are stated to be those contained in paragraph nos.

29 and 30 of the judgment.

05. We have perused the said remarks and find that they are of general

nature and are not directed against any particular officer or the functionary of

the government. The court has only observed that as a test case a message

should go that all those who are indulging or trying to enter into the activities

with regard to mis-utilizing or usurping of tax payers' money shall not be

spared and that some disciplinary action would always be taken against them

including that of recovery of the loss caused.

06. In view of the above general nature of the remarks without attributing

the same to any particular person, we find it does not cause any prejudice to

any person in particular. Moreover, the said observations or remarks recorded

by the court in the facts and circumstances of the case recorded in earlier

paragraphs and, as such, do not deserve to be expunged.

07. No case for review has been made out.

08. Accordingly, the review petition Nos. 25, 26 & 27 of 2021 are

dismissed.

                            (SANJAY DHAR)                 (PANKAJ MITHAL)
                                   JUDGE                   CHIEF JUSTICE
JAMMU
07.12.2021
Tilak