Madras High Court
M/S.Oil And Natural Gas ... vs Sri Venkatramana Papers Mills Pvt ... on 23 December, 2021
REV. APLO Nos.12 and 13 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
REV. APLO Nos.12 and 13 of 2021
in
A.Nos. 1748 and 1749 of 2021
1.M/s.Oil and Natural Gas Corporation Ltd.,
Deenadayalurja Bhavan,
5, Nelson Mandela Road, Vasanthkunj,
New Delhi, through its Executive Director-Assset Mananger,
Cauvery Asset, Nervy, Karaikal-609 604.
2.M/s.Oil and Natural Gas Corporation Ltd.,
Rep. by General Manager (Production),
In-charge Marketing,
Cauvery Asset, Nervy, Karaikal. ... Petitioners
(in both applications)
-Vs-
1.Sri Venkatramana Papers Mills Pvt Ltd.,
Rep by its Director S.Kadarkarai,
No.15, Sree Vatsa Square, MTP Road,
Thudiyalur, Coimbatore-641 034.
2.Tamil Nad Mercantile Bank Ltd.,
Rep. by the Chief Manager,
Thiruvanmiyur Branch,
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REV. APLO Nos.12 and 13 of 2021
Thiruvanmiyur, Chennai. ... Respondents
(in both applications)
Common Prayer : Review Applications filed under Order XIV Rule 8 of
the O.S.Rules r/w Section 114 r/w Order XLVII Rule 1 &2 of Code of Civil
Procedure, 1908, to review the orders in the A.Nos.1748 and 1749 of 2020
dated 17.02.2021.
For Petitioners : Mr.Giridhar And Sai
(in both applications)
For Respondents : Mr.C.R.Prasannan
(in both applications)
COMMON ORDER
The above review applications have been filed on the following six
grounds:-
1.Petitioner now learnt that Respondent owes
huge money to its lead banke,, SARFAESI law invoked and
entire assets brought to sale; hence urgency to proceed with
arbitration
2.Order bars seeking interim measures; there is
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REV. APLO Nos.12 and 13 of 2021
an need to seek interim measures to secure petitioner interest
and underlying public interest
3.Another OEC involving Respondent under prior
agreement is now terminated for non-cooperation
4.No right to OEC and its decision is not binding;
either party can terminate any time; given circumstance,
petitioner needs to proceed with arbitration
5.Owing to Covid-19, Petitioner's administrative
offices remained shut; Given above new facts/circumstances
order needs to be reviewed
6.Order dated 17.02.2021 as modified by order
dated 08.03.2021 to be reviewed and petitioner be permitted to
invoke arbitration and seek interim measures
2.All of these grounds are events that have happened post the orders
dated 17.02.2021 passed in A.Nos.1748 and 1749 of 2021. Order
XLVII of the Code of Civil Procedure provides the procedure for reviewing
the judgment or order. Order XLVII Rule 1 reads as follows:-
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REV. APLO Nos.12 and 13 of 2021
1.Application for review of judgment;- (1) Any person
considering himself aggrieved
(a) by a decree or order from which an appeal is
allowed, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is
allowed, or
(c) by a decision on a reference from a Court of Small
Causes, and who, from the discovery of new and important
matter or evidence which, after the exercise of due diligence,
was not within his knowledge or could not be produced by
him at the time when the decree was passed or order made, or
on account of some mistake or error apparent on the face of
the record, or for any other sufficient reason, desires to
obtain a review of the decree passed or order made against
him, may apply for a review of judgment to the Court which
passed the decree or made the order
(2) A party who is not appealing from a decree or order
may apply for a review of judgment notwithstanding the
pendency of an appeal by some other party except where the
ground of such appeal is common to the applicant and the
applicant, or when, being respondent, he can present to the
Appellate Court the case on which he applies for the review.
3.The grounds set out in paragraph No.1 will not fall under the
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REV. APLO Nos.12 and 13 of 2021
category of (A) discovery of new and important matters or evidence which,
after the exercise of due diligence was not within the knowledge of the
petitioner or could not be produced by him at the time when the decree or
order was made or (B) on account of some mistake or error apparent on the
face of record or (C) for any other sufficient reason. Therefore, the
petitioners have not made out any ground for reviewing the orders, dated
17.02.2021.
4.In the result, these Review Applications are dismissed. No costs.
23.12.2021
Index :Yes/No
Internet :Yes/No
cp
Note : In view of the present lock down owing to COVID-
19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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REV. APLO Nos.12 and 13 of 2021
P.T.ASHA, J.
cp
REV. APLO Nos.12 and 13 of 2021
in
A.Nos. 1748 and 1749 of 2021
https://www.mhc.tn.gov.in/judis
REV. APLO Nos.12 and 13 of 2021
23.12.2021
https://www.mhc.tn.gov.in/judis
