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Bombay High CourtCAO/593/2021dismissed

M/S. P.J. Rathod, Prop. Business Concern Of Shri. Prabhubai Jadhavji Rathod v. Union Of India, Thr. General Manager, Central Railway, Cst, Mumbai Thr. Senior Divisional Engg. (Co

2021-11-18Hon'Ble Shri Justice A.S. Chandurkar1 pages

12-CAO-593-21 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.593 OF 2021 IN/AND MISC. CIVIL APPLICATION ST. NO.3003 OF 2020 IN ARBITRATION APPEAL NO.03 OF 2018 M/s P. J. Rathod, A Proprietary Business Concern of Prabhubhai Jadhavji Rathod, Dharampeth Extension, Nagpur -vsUnion of India, Thr. General Manager, Central Railway, CST, Mumbai Thr. Senior Divisional Engineer (CO), Central Railway Nagpur and anr. --------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri C. B. Dharmadhikari, Advocate for applicant. CORAM : A. S. CHANDURKAR J.

DATE : November 18, 2021 Heard the learned counsel for the applicant and perused the grounds of review raised in the application. It was sought to be urged that the Court was not justified in holding that the claim as made before the learned Arbitrator was barred by limitation. Reliance is also sought to be placed on various documents which were not on record in the proceedings under Section 37 of the Act of Arbitration and Conciliation Act, 1996.

It is seen that the grounds raised are such that would require consideration in appellate jurisdiction. In absence of any error apparent on the face of record, I am not inclined to entertain the review application. The applicant is free to raise appropriate challenges in appropriate proceedings. The applications are dismissed.

JUDGE Asmita