JUDGMENT

R. F. Nariman, J.

1) Leave granted.

2) The present appeal raises questions relatable to the High Court’s power of recall of its orders.

3) By a Tender Notice dated 19.09.2008, supply, installation and maintenance of water meters of various sizes were called for. The Tender Notice contained Clause 22, which reads as under:-

“22. Jurisdiction of Courts:

In case of any claim, dispute or difference arising in respect of the contract, the cause of action thereof shall be deemed to have arisen in Mumbai and all legal proceedings in respect of any such claim, dispute or difference shall be instituted in a competent court in the city of Mumbai only.

If any dispute, difference or claim is raised by either party relating to any matter arising out of the contract, the aggrieved party may refer such dispute within a period of 7 (seven) days to the concerned Deputy Municipal Commissioner (DMC) of Municipal Corporation of Greater Mumbai, who shall constitute a committee comprising of 3 (three) MCGM Officers i.e., concerned DMC or Director (ES & P), Chief Engineer other than the Engineer of contract & concerned C.A. the committee shall give decision in writing within 60 (sixty) days.

App