ORAL ORDER

Heard the learned counsel appearing for the respective parties.

2. The learned counsel for the petitioner would vehemently contend that there was a plea in the MFA with regard to deposit of an amount of Rs.3,00,000/- in terms of the order passed by this Court in W.P.No.48833/2016 dated 14.09.2022 and this Court while disposing of MFA, not touched upon the said point for consideration and hence, this Court has to review the order dated 22.02.2024 and also brought to notice of this Court paragraph 12 of the grounds urged in the MFA and contend that the said amount is lying in the Trial Court while dismissing the suit only on the ground of limitation and hence, this Court has to review the order passed by this Court.

3. Per contra, the learned counsel for the respondent by filing objection statement would vehemently contend that respondent No.1 filed an Ex.P.No.2426/2012 against the petitioner herein for recovery of amount awarded in Arbitration Case No.24/2009 by the Arbitration Board of Karnataka Film Chamber of Commerce, Bengaluru. After service of notice in execution petition, the Court issued an order of attachment of movables. On 22.09.2015, respondent and Court bailiff entered into the house of petitioner, at that instance, to stop the execution of the order of attachment, petitioner’s son voluntarily issued post-dated Cheque towards the attachment amount of Rs.7,20,053/- and the said Cheque came to be dishonoured on its presentation and hence, case has been registered in C.C.No.813/2016 wherein conviction order was passed and appeal was preferred and the same is posted for judgment. The petitioner herein also preferred A.S.No.25004/2015 on 30.11.2015 and I.A. came to be dismissed by the Civil Court and then the petitioner herein preferred W.P.No.48833/2016, wherein stayed the proceedings of C.C.No.813/2016. On 29.05.2017, petitioner counsel submits that a sum of Rs.3,00,000/- would be deposited before the jurisdictional Court. In the light of the said submission, this Court continued the order dated 18.10.2016 until further orders, subject to deposit of the said amount. The respondent herein filed I.A.No.1/2018 for release of the said deposited amount in W.P.No.48833/2016, the same was disposed on 14.09.2022, then A.S.No.25004/2016 dismissed on 29.11.2023 itself. Against that order, the petitioner herein preferred an appeal in MFA No.16/2024 and the same was dismissed during the admission on 22.02.2024. The petitioner presently preferred the said review petition with the contention that the petitioner deposited an amount of Rs.3,00,000/- and respondent No.1 has taken entire award amount together with interest by way of Cheque from petitioner’s son. In view of the fact that the entire award has been satisfied by the petitioner by way of depositing a sum of Rs.3,00,000/- before the Trial Court and the Cheque issued by the petitioner’s son in favour of respondent No.1was not honoured and the petitioner herein is misrepresented the facts and the Court reprimanded the petitioner by imposing exemplary cost. When such being the case, the question of reviewing the order does not arise.

4. Having considered the grounds urged in the petition as well as in the objections and also considering the factual aspects of the case, it discloses that this Court considered the appeal on merits and passed an order particularly with regard to the issue of limitation and made an observation that the appellants slept over more than 1½ decade when the claim was made before the Arbitration Board and did not participate and put forth his case and only he attended the arbitration proceedings twice and thereafter, he did not attend the arbitration proceedings. When such order is passed by this Court in coming to the conclusion that when the claim was made and same was dismissed on the ground of limitation and even though said ground was urged before this Court regarding deposit of amount is concerned and when the issue is with regard to limi