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2023 Supreme(Chh) 286

RAMESH SINHA, PARTH PRATEEM SAHU, NARENDRA KUMAR VYAS
Shrey Chouksey S/o Sh. Mukesh Chouksey – Appellant
Versus
Raghuwar Dayal Singhal S/o Late Sh. Shivdayal Singhal – Respondent


Advocate Appeared:
For the Appellant :Mr. Bidya Nand Mishra, Mr. Varunendra Mishra & Mr. Ganesh Ram Burman, Advocates
For the Respondent:Mr. Anurag Dayal Shrivastava, Advocate.

ORDER :

Ramesh Sinha, J.

1. Learned Single Judge taking note of the decision rendered by the Division Bench of this High Court in case of R.S. Bajwa & Co. v. State of Chhattisgarh, reported in 2013 (II) MPJR96, has referred following question for determination by a Larger Bench;-

“Whether proviso to Section115 of the Code of Civil Procedure, 1908, as substituted by Act 46 of 1999, bars revision, if the proceedings revive instead being finally disposed off?

2. Before we proceed to deal with the question referred, we think it proper to narrate the facts of civil revision as also arguments advanced by learned counsel for respective parties, giving rise to the reference in question.

3. Some dispute arose out of an agreement entered between the petitioner and respondents which was referred to the Sole Arbitrator, who, in turn, passed the award dated 27.10.2014. Petitioners filed an application under Section 36 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') read with Order 21 Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') before the District Judge, Bilaspur for execution/enforcement of award. In an execution proceeding, respondents have submitted a

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