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Madhya Pradesh High Court

The State Of Madhya Pradesh vs M/S T.R. Trehan Construction Pvt.Ltd. ... on 23 January, 2023

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                ON THE 23 rd OF JANUARY, 2023
                                              REVIEW PETITION No. 1014 of 2022

                           BETWEEN:-
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    KARYAPALAN YANTRI LOK NIRMAN VIBHAG
                                 SHAJAPUR (MADHYA PRADESH)

                                                                                           .....PETITIONERS
                           (BY SHRI NITIN SINGH BHATI, LEARNED GOVERNMENT ADVOCATE
                           APPEARING ON BEHALF OF THE ADVOCATE GENERAL)

                           AND
                           M/S T.R. TREHAN CONSTRUCTION PVT.LTD. COMPANY
                           ACT 1956 DWARA PRATINIDHI SANCHALAK RANJIT
                           TREHAN S/O LATE T.R. TREHAN, AGED ABOUT 53
                           YEAR S , PANJIYAN KARYALAYA 6 STATION ROAD
                           DEWAS , NI. TREHAN BUNGLA SRISTHI CLUB KE
                           SAMNE BHOPAL DEWAS ROAD DEWAS (MADHYA
                           PRADESH)

                                                                                           .....RESPONDENT
                           (BY SHRI SUMEET SAMVATSAR, LEARNED COUNSEL)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

This review petition has been filed by the review petitioner / State of Madhya Pradesh under Order 47 Rule (1) read with Section 151 of the Code of Civil Procedure, 1908 for review of order dated 07.07.2022 (Annexure A/1) passed in Writ Petition No.12370/2010.

2. Although the review petition has been filed stating that the State has already Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 24-01-2023 18:35:04 2 paid a total amount of Rs.44,09,574/- (rupees forty four lakhs nine hundred five hundred seventy four only) to the respondent / writ petitioner from 12.01.2007 to 29.03.2007 (Annexure A/12) and thus, no amount is required to be paid to the respondent / writ petitioner. However, counsel appearing for the review petitioner submits that this fact could not be brought to the notice of this Court when the writ petition was heard, despite pleadings of the review petitioners in this behalf in the reply.

3. Counsel for the respondent / writ petitioner, on the other hand, has opposed the prayer and it is submitted that the issue before this Court in the aforesaid petition was not on merits of the case, as the State has already lost before the Arbitration Tribunal and which order has also been affirmed by a Division Bench of this Court in Arbitration Revision / Reference Case No.05/2018 dated 31.07.2018 and the only issue was of the payment which cannot be disputed by the State, after losing from both the forums, as aforesaid.

4. On due consideration of the rival submissions, and perusal of the documents filed on record, as also the order under review, this Court is of the considered opinion that the counsel for the State could not brought to the notice of this Court any such fact which may amount to an error apparent on the face of the record; and thus is of the opinion that no interference is called for, especially when the State has already lost before the Arbitration Tribunal and which order has already been affirmed by a Division Bench of this Court in Reference Case No.05/2018 dated 31.07.2018.

5. In view of the same, Review Petition No.1014/2022 being devoid of merits is hereby dismissed.

(SUBODH ABHYANKAR) JUDGE rcp Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 24-01-2023 18:35:04