Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 22106 of 2001
PETITIONER:
NIRMA LTD.
RESPONDENT:
LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.
DATE OF JUDGMENT: 14/01/2002
BENCH:
R.C. LAHOTI & K.G. BALAKRISHNAN
JUDGMENT:
JUDGMENT
2002 (3) SCR 911
The following Order of the Court was delivered :
This is a petition under Article 136 of the Constitution of India, seeking
leave to file civil appeal against an appellate order of City Civil Court
No. 11 Ahmedabad, ’passed under sub-Section (2) of Section 37 of the
Arbitration and Conciliation Act, 1996. We are not inclined to entertain
this special leave petition inasmuch as, in our opinion, an efficacious
alternate remedy is available to the petitioner by way of filing a revision
in the High Court under Section 115 of the Code of Civil Procedure. Merely
because a second appeal against an appellate order is barred by the
provisions of sub-Section (3) of Section 37, the remedy of revision does
not cease to be available to the petitioner, for the City Civil Court
deciding an appeal under sub-Section (2) of Section 37 remains a court
subordinate to the High Court within the meaning of Section 115 of the
C.P.C. In taking this view, we find support from a decision of this Court
in Shyam Sunder Agarwal and Co. v. Union of India, [1996] 2 SCC 132.
The special leave petition is, therefore, dismissed. The petitioner may
file a revision before the High Court and in calculating the limitation,
the petitioner shall be entitled to exclusion of time spent in this Court,
i.e., between the date of filing of the special leave petition and today.