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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Oil And Natural Gas Corporation Ltd. , – Appellant
Versus
Swapan Kumar Paul – Respondent
JUDGMENT
S.G. Chattopadhyay, J. - The Oil and Natural Gas Corporation Ltd. (ONGC for short) [appellant in Arbitration Appeal No.3 of 2019] has filed this petition in terms of Order 47, Rule 1, CPC seeking review of the judgment and order dated 22.06.2022 passed by this Court in Arbitration Appeal No.3 of 2019.
2. Heard Mr. D.K. Biswas, learned senior advocate appearing along with Mr. G.K. Nama, learned advocate for the petitioner(s). Also heard Mr. Raju Datta learned advocate appearing along with Mr. Kundan Pandey, advocate for the respondent(s).
3. The perspective facts which are relevant for appreciation of the challenge, briefly stated, are as under:
The review petitioner (appellant in Arbitration Appeal No.3 of 2019) filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act for short) before the learned District Judge, West Tripura, Agartala for setting aside the arbitral award dated 29.03.2010 passed by the sole Arbitrator. The said application came to be registered as Civil Misc. (Arbitration) 18 of 2018 before the learned District Judge, West Tripura at Agartala. The following facts were brought to the notice of the learned District J
Review of a judgment requires an error apparent on the face of the record, not merely an error revealed through extensive reasoning.
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
Application for review of judgment - Powers of review cannot be exercised as an inherent power nor can an appellate power be exercised in guise of power of review. After holding this, Supreme court f....
The legal review process is constrained to errors apparent on the record, and cannot be used to challenge substantive issues decided in an earlier ruling.
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